United States District Court, M.D. Georgia, Macon Division
PETERMAN, III UNITED STATES ATTORNEY.
E. BENNETT ASSISTANT UNITED STATES ATTORNEY.
FINAL ORDER OF FORFEITURE
T. TREADWELL, JUDGE.
October 3, 2016, pursuant to 18 U.S.C. § 982(a)(7), 18
U.S.C. § 3554, and Federal Rule of Criminal Procedure
32.2(b), this Court entered a Preliminary Order of Forfeiture
against Maria E. Trenam.
now before the Court is the United States' Motion and
Memorandum for Final Order of Forfeiture.
Court hereby makes the following FINDINGS OF FACT AND
CONCLUSIONS OF LAW:
Court has jurisdiction of this matter pursuant to 18 U.S.C.
§ 3231, and venue is proper pursuant to 18 U.S.C. §
3232 and Fed. R. Crim. P. 18.
United States has furnished due and legal notice of these
proceedings as required by law by sending direct notice to
any person, other than the Defendant, that may have or claim
a legal interest in the subject property, and by causing
publication of notice of forfeiture and the intent of the
United States to dispose of the property in accordance with
notice of forfeiture provided that any persons or entities
having or claiming a legal right, title or interest in the
property, within thirty (30) days of receipt of the notice,
or no later than sixty (60) days from the first day of
publication on the official internet government forfeiture
website, www.forfeiture.gov, whichever is earlier,
must petition the United States District Court for the Middle
District of Georgia for a hearing to adjudicate the validity
of his or her alleged interest in the property pursuant to 21
U.S.C. § 853(n), as incorporated by 18 U.S.C. §
December 28, 2016, Third-Party Petitioner EverBank, FSA,
through their counsel of record, Gregory M. Taube, Esq.,
filed a timely petition asserting an interest in the real
property located at 122 Henry Street, Warner Robins, Houston
County, Georgia [Doc. 47]. An Expedited Settlement Agreement
and Release of Claims [Doc. 49] was filed by the parties on
March 7, 2017.
Based on the Expedited Settlement Agreement and Release of
Claims for the real property located at 122 Henry Street,
Warner Robins, Houston County, Georgia, the Count entered a
Consent Order on March 8, 2017, recognizing the agreement
made between the United States and EverBank, FSA for the
release of a total amount of $17, 370.95, plus the accrual of
additional interest, and other additional fees set forth as
specified in (a) - (f) of this paragraph, after payment of
outstanding taxes, and the expenses of custody and sale
incurred by the United States Marshals Service as follows:
a. All unpaid principal due to EverBank in the amount of $10,
160.77 as of February 28, 2017, pursuant to the Promissory
Note (“Note”) dated on or about July 25, 2003,
made by Maria Trenam “(Trenam”) to Market Street
Mortgage Corporation, which was secured by a Security Deed
executed by Trenam on or about July 31, 2003, in favor of
Market Street Mortgage Corporation with Mortgage Electronic
Registration Systems, Inc. as grantee, recorded July 31,
2003, in the official records of Houston County, Georgia, at
Deed Book 2660, Page 2-17, and later transferred and endorsed
in favor of EverBank by that certain Assignment of
Mortgage/Security Deed from Mortgages Electronic Registration
Systems, Inc. as nominee for Market Street Mortgage
Corporation, recorded February 22, 2016, at Deed Book 7080,
Page 260, in the Houston County, Georgia Records;
b. All unpaid interest at the base contractual rate (not the
default rate) under the Note, in the amount of $706.21 as of
February 28, 2017, plus interest at the annual rate of 5.25
from March 1, 2017, until the date of Payment;
c. All casualty insurance premiums paid by EverBank in the
amount of $1, 069.00, good through July 30, 2017, and any
additional payments made by ...