USA v. 5910 South Ogden Court
Filing
63
ORDER granting 62 Motion for Forfeiture of Property by Judge Wiley Y. Daniel on 03/12/13.(jjhsl, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.
10-cv-02539-WYD-MEH
UNITED STATES OF AMERICA,
Plaintiff,
v.
5910 SOUTH OGDEN COURT,
Defendant.
FINAL ORDER OF FORFEITURE
THIS MATTER comes before the Court on the United States' Motion for Final
Order of Forfeiture (Doc. 60), the Court having reviewed said Motion FINDS:
THAT the United States commenced this action in rem pursuant to 21 U.S.C. '
881;
THAT Samuel Orozco is a fugitive of the United States;
THAT Samuel Orozco quit-claimed all of his right, title, and interest to defendant
property to Ana Orozco;
THAT Ana Orozco, the sole record title owner, was notified of the United States'
Verified Complaint for Forfeiture In Rem via certified and regular mail on October 26,
2010, and was personally served on November 16, 2010. In addition, Notice of the civil
forfeiture action was posted at defendant property on November 16, 2010.
THAT all known parties have been provided with an opportunity to respond and;
THAT the United States and lienholder JP Morgan Chase have reached a
settlement in this case, and have filed a Settlement Agreement with the Court resolving all
issues in dispute with regards to JP Morgan Chase's lienholder interest;
THAT on December 20, 2012, the United States' Motion for Summary Judgment
was granted, finding that the United States had shown by a preponderance of the
evidence that Defendant Ogden Court was purchased with drug proceeds and forfeiting
defendant 5910 South Ogden Court to the United States. (Doc. 56). On December 21,
2012, the Clerk of Court entered a Final Judgment forfeiting to the United States all right,
title, and interest in defendant 5910 South Ogden Court. (Doc. 57);
THAT no other claims to the defendant property have been filed and the timeframe
in which to file a claim has expired; and
THAT the facts and verification as set forth in the Verified Complaint provide
probable cause and an ample basis for a judgment and order of forfeiture of defendant
property under 21 U.S.C. ' 881.
NOW, THEREFORE, IT IS ORDERED, DECREED AND ADJUDGED:
THAT the Motion for Final Order of Forfeiture (Doc. 60) is GRANTED; and
THAT judgment of forfeiture shall enter in favor of the United States; the United
States shall have full and legal title to the below described forfeited property and may
dispose of it in accordance with law:
Lot 2, Block 1, Orchard Drive Filing No. 3, County of
Arapahoe, State of Colorado, Assessor's Parcel Number:
2077-23-2-24-004, known by 5910 South Ogden Court; and
THAT a Certificate of Reasonable Cause, which this Order constitutes, is granted
as to all defendants pursuant to 28 U.S.C. ' 2465.
Dated: March 12, 2013
BY THE COURT:
s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE
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