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United States v. Athan

United States District Court, M.D. Florida, Tampa Division

April 11, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
WILLIAM ATHAN, Defendant,

          FINAL JUDGMENT OF FORECLOSURE

         Pursuant to Federal Rule of Civil Procedure 55(b), it is hereby:

         ORDERED AND ADJUDGED that:

         1. Judgment is entered in favor of the Plaintiff United States of America, and against the Defendant, WILLIAM ATHAN, upon the Complaint herein, 2. Plaintiff shall recover of the Defendant the following sums:

a. Principal and interest through April 10, 2017 $7, 811, 695.44 plus interest as specified in 18 USC §3612 to the date of this judgment. for all of which sums let execution issue.

         3. This judgment shall bear interest at the rate as prescribed by 18 USC §3612 and shall be enforceable as provided by 28 U.S.C. § 2001 et seq., 28 U.S.C. §§ 3001- 3307 and Fed.R.Civ.P. 69(a).

         4. Plaintiffs address is: United States Attorney's Office, 400 N. Tampa Street, Suite 3200, Tampa, Florida 33602, . Defendant's address is: Reg. No. 17743-014 at FPC Pensacola, 110 Raby Avenue, Pensacola, Florida 32509.

         5. Lien on Property. Plaintiff, whose address is United States Attorney's Office. 400 N. Tampa Street, Suite 3200, Tampa, Florida 33602, holds a lien for the total sum specified in Paragraph 2 herein superior to all claims or estates of the defendant and all persons, corporations, or other entities claiming by, through, or under the defendant on the subject property located in property in POLK County, Florida and described as:

Real property located at 0 Alturas Babson Park Cutoff Rd., Neighborhoods 220010.00 and 220016.00, Lake Wells, Florida 33859, more particularly described as:
Tract No.1: That part of the North 1/2 of the North Vt of the N.W. 1/2 of the SW 1/4 of Section 27, Township 30 South, Range 27 East, lying Southerly and Easterly of State Road No. 640, less and except the South 100 feet and the East 1000 feet thereof.
Tract No. 4: The West 50 feet of the East 1000 feet of the North 1/2 of the North 1/2 of the N.W. 1/4 of the SW 1/4 of Section 27, Township 30 South, Range 27 East, lying South of State Road No. 640.
Tract No. 113: The East 50 feet of the West 740 feet of the SW 1/4 of Section 26, Township 30 South, Range 27 East, lying South of State Road No. 640, less and except the South 2310 feet thereof.
As Recorded in Book 2263, Page 0807, Public Records of Polk County, Florida.

         6. Sale of Property. If the total sum with interest at the rate described in Paragraph 3 and all costs accrued subsequent to this judgment are not paid, the United States Marshal shall sell the subject property at public sale at a location, date, and time in Polk County, Florida, to be determined by the United States Marshal. The subject property will be sold to the highest bidder for cash, after having first given notice as required by 28 USC §2002. Plaintiff shall be given an automatic bid at said sale of up to the Grand Total amount of this Final Judgment.

         7.Costs. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the United States Marshal if Plaintiff is not the purchaser of the property for sale, provided however, that the purchaser of the property for sale shall be responsible for the documentary stamps payable on the certificate of title. If plaintiff is the purchaser, the United States Marshal shall credit Plaintiffs bid with the total sum with ...


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