United States of America v. Real Property Known as 7416 North Birch Court Spokane Washington et al, No. 2:2018cv00156 - Document 42 (E.D. Wash. 2021)
Court Description: ORDER GRANTING UNITED STATES' MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE 41 . The Court shall retain jurisdiction in the case for the purpose of enforcing or amending this Order. The file is CLOSED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)
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United States of America v. Real Property Known as 7416 North Birch Court Spokane Washington et al Doc. 42 1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF WASHINGTON 6 7 UNITED STATES OF AMERICA, 8 Plaintiff, 9 v. 10 NO. 2:18-CV-0156-TOR ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE 11 REAL PROPERTY KNOWN AS 3326 12 NORTH INDIAN BLUFF ROAD, SPOKANE, WASHINGTON, TOGETHER WITH ALL 14 APPURTENANCES, FIXTURES, ATTACHMENTS, AND 15 IMPROVEMENTS THERETO AND 16 THEREUPON, 13 17 and 18 19 20 21 22 23 REAL PROPERTY KNOWN AS 1311 SOUTH WESTCLIFF PLACE UNIT #603, SPOKANE, WASHINGTON, TOGETHER WITH ALL APPURTENANCES, FIXTURES, ATTACHMENTS, AND IMPROVEMENTS THERETO AND THEREUPON, 24 25 and 26 THE SUBLEASEHOLD ESTATE HELD 27 28 BY WILLIAM MIZE IN CERTAIN REAL PROPERTY COMMONLY ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE ~ 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 DESCRIBED AS PIER 39 MARINA, SLIP F-14, SAN FRANCISCO, CALIFORNIA, CREATED PURSUANT TO THE ASSIGNMENT OF SUBLEASE BY SUBLEASE DATED JULY 10, 2017 BY AND BETWEEN THE LAWRENCE W STEWART AND CATHY STEWART REVOCABLE TRUST DATED MARCH 17, 2015, ASSIGNOR, AND WILLIAM MIZE, ASSIGNEE, RECORDED IN THE OFFICIAL RECORDS OF THE CITY AND COUNTY OF SAN FRANCISCO, AS DOCUMENT 2017-K479100-00, 10 and 11 $190,830.63 IN U.S. FUNDS SEIZED 12 FROM VARIOUS BANKS AND ACCOUNTS, 13 14 and 15 $260,000.00 IN U.S. FUNDS SEIZED 16 FROM FIRST AMERICAN TITLE 17 ESCROW ACCOUNT, 18 and 19 $42,147.00 U.S. CURRENCY, 20 21 And 22 $25,000.00 U.S. currency currently held in 23 deposit with the Clerk of Court, 24 and 25 2017 Jaguar F-Pace, Washington License 26 Plate BCG0859, VIN: 27 SADCK2BV9HA074880, 28 ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE ~ 2 1 and 2 2005 Sea Ray VDR 44.8’ fiberglass hull 3 boat, Hull No.: SEF0657E505, California Registration No.: 1174343, 4 5 and 6 2008 Bentley Continental, Washington 7 License Plate AYE0086, VIN: SCBCP73WX8C054601, 8 9 and 10 Any and all rights, title, and interest of William Mize in 5807 S. Cree Drive, Spokane, WA 99206, including, but not 12 limited to, the Deed of Trust and Assignment of Rents, recording numbers 13 6841848 and 6641849, 11 14 15 and 16 Any and all rights, title, and interest of 17 William Mize in 23915 E. Joseph Avenue, Otis Orchards, WA 99027, including, but 18 not limited to, the Deed of Trust and 19 Assignment of Rents, recording numbers 6676505 and 6676506, 20 21 and 22 Any and all rights, title, and interest of 23 William Mize in 532 Levich Road, Newport, WA, 99156, including, but not 24 limited to, the Deed of Trust with 25 Assignment of Rents, recording number 20170329881, 26 27 28 Defendants. ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE ~ 3 1 BEFORE the Court is Plaintiff’s Motion for Default Judgment and Final Order 2 of Forfeiture. ECF No. 41. 3 Plaintiff alleged in a Third Amended Verified Complaint for Forfeiture In Rem 4 5 that the Defendant property captioned above is subject to forfeiture to the United 6 States pursuant to 18 U.S.C. § 981(a)(1)(C). ECF No. 35. 7 The Court has jurisdiction over this matter under 28 U.S.C. § 1355, and venue 8 9 10 11 is proper under the same statute. The Defendant Properties, Defendant Funds, Defendant Conveyances, and Defendant Deeds of Trust consist of the following: 12 13 14 15 16 17 18 19 20 21 22 23 a. Real property known as 3326 North Indian Bluff Road, Spokane, Washington, Tax ID/Parcel #: 25044.9045, legally described as follows: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 25 NORTH, RANGE 42 EAST, WILLAMETTE MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID WEST HALF OF THE SOUTHEAST QUARTER; THENCE FROM SAID POINT OF COMMENCEMENT SOUTH 01 DEGREE 48' 46" EAST ALONG THE WESTERLY LINE SAID WEST HALF A DISTANCE OF 1903.59 FEET TO THE POINT OF BEGINNING; 24 25 26 THENCE FROM SAID POINT OF BEGINNING AND LEAVING SAID LINE, SOUTH 87 DEGREES 30' 45" EAST 852.76 FEET; 27 28 ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE ~ 4 THENCE SOUTH 75 DEGREES 10' 46" EAST 530.90 FEET TO A POINT ON THE EASTERLY LINE SAID WEST HALF; THENCE SOUTH 01 DEGREE 07' 48" EAST ALONG SAID EASTERLY LINE 549.23 FEET TO THE SOUTHEASTERLY CORNER OF SAID WEST HALF; 1 2 3 4 5 THENCE NORTH 89 DEGREES 08' 05" WEST ALONG THE SOUTHERLY LINE OF SAID WEST HALF A DISTANCE OF 516.26 FEET; 6 7 THENCE LEAVING SAID LINE NORTH 38 DEGREES 23' 01" EAST 354.28 FEET; 8 9 THENCE NORTH 53 DEGREES 46' 06" WEST 340.51 FEET; 10 11 THENCE NORTH 87 DEGREES 30' 45" WEST 799.55 FEET TO A POINT ON THE WESTERLY LINE OF SAID SOUTHEAST QUARTER; 12 13 14 THENCE ALONG SAID WESTERLY LINE NORTH 01 DEGREE 46' 46" WEST A DISTANCE OF 200.57 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE 60 FEET WIDE RIGHT OF WAY OF INDIAN BLUFF ROAD; 15 16 17 18 SAID PARCEL ALSO BEING DELINEATED AS TRACT 7 OF THAT CERTAIN SURVEY RECORDED MAY 13, 1983, UNDER AUDITOR'S FILE NO. 8305130031 IN SURVEY BOOK 29, PAGES 67 AND 68; SITUATE IN THE COUNTY OF SPOKANE, STATE OF WASHINGTON. Tax ID: 25044.9045 19 20 21 22 23 24 25 b. Real property known as 1311 South Westcliff Place Unit #603, Spokane, Washington, Tax ID/Parcel #: 25233.1143, legally described as follows: UNIT 603, WESTCLIFF SOUTH, A CONDOMINIUM, AS SHOWN ON SURVEY MAP AND FLOOR PLAN RECORDED APRIL 11, 1973, IN VOLUME 1 OF 27 CONDOMINIUMS, PAGES 61 THROUGH 71, UNDER 28 ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE ~ 5 26 RECORDING NO. 7304110243 AND IS IDENTIFIED IN DECLARATION RECORDED MARCH 30, 1973 UNDER RECORDING NO. 7303300336. 1 2 3 4 5 6 7 8 9 10 11 c. The Subleasehold Estate held by WILLIAM MIZE in certain real property commonly described as Pier 39 Marina, Slip F-14, San Francisco, California, created pursuant to the Assignment of Sublease by Sublease dated July 10, 2017 by and between THE LAWRENCE W STEWART AND CATHY STEWART REVOCABLE TRUST DATED MARCH 17, 2015, Assignor, and WILLIAM MIZE, Assignee, recorded in the Official Records of the City and County of San Francisco, as Document 2017-K479100-00, for that certain Memorandum of Sublease dated July 24, 1984, as executed by PIER 39 LIMITED PARTNERSHIP, a California Limited Partnership, as Sublessor, and THE LAWRENCE W STEWART AND CATHY STEWART REVOCABLE TRUST DATED MARCH 17, 2015, as Sublessee, and recorded in the Official Records of the City and County of San Francisco, as Document D527, the Term of the Sublease expiring September 19, 2034. 12 d. $148,138.13 in U.S. funds seized by the Internal Revenue ServiceCriminal Investigation pursuant to a federal seizure warrant on or about May 17, 13 2018, from Bank of America account ending in 1577 in the name of William Mize. 14 e. $42,692.50 in U.S. funds seized by the Internal Revenue ServiceCriminal Investigation pursuant to a federal seizure warrant on or about May 17, 16 2018, from Wells Fargo Bank account ending in 6918 in the name of William Mize. 15 17 f. $260,000.00 in U.S funds held in escrow by First American Title 18 Company in account number ending in 0000 at First American Trust, Escrow File #: 19 4251-3-56047, seized by the Federal Bureau of Investigation pursuant to a federal seizure warrant on or about May 23, 2018. 20 g. $42,147.00 U.S. currency seized by the Federal Bureau of Investigation pursuant to the execution of a federal search and seizure warrant on or about May 17, 22 2018. 21 23 h. $25,000.00 U.S. currency currently held in deposit with the Clerk of i. 2017 Jaguar F-Pace, Washington License Plate BCG0859, VIN: 24 Court. 25 26 SADCK2BV9HA074880 seized from William Mize pursuant to a seizure warrant on 27 September 4, 2018. 28 ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE ~ 6 j. 2005 Sea Ray VDR 44.8’ fiberglass hull boat, Hull No.: SEF0657E505, California Registration No.: 1174343, Vessel Name: Victoria Eve seized from 2 William Mize on August 29, 2018. 1 3 k. 2008 Bentley Continental, Washington License Plate AYE0086, VIN: 4 SCBCP73WX8C054601 seized from William Mize on December 21, 2018. 5 l. Any and all rights, title, and interest of William Mize in 5807 S. Cree 6 Drive, Spokane, WA 99206, including, but not limited to, the Deed of Trust and Assignment of Rents recording numbers 6841848 and 6641849, with an unpaid 7 principal amount of $110,000.00. 8 m. Any and all rights, title, and interest of William Mize in 23915 E. Joseph Avenue, Otis Orchards, WA 99027, including, but not limited to, the Deed of Trust 10 and Assignment of Rents recording numbers 6676505 and 6676506, with an unpaid principal amount of $70,000.00. 11 9 12 n. Any and all rights, title, and interest of William Mize in 532 Levich Road, Newport, WA, 99156, including, but not limited to, the Deed of Trust with 13 Assignment of Rents, recording number 20170329881, with an unpaid principal 14 amount of $130,000.00. 15 From February 11, 2021, through March 12, 2021, notice of forfeiture of the 16 17 these subject properties was posted on an official government website, 18 www.forfeiture.gov. ECF No. 36 19 All known and potential claimants were provided notice of this civil forfeiture 20 21 action. 22 23 On March 21, 2019, the United States and Lienholder, Homestreet Bank, entered into an Expedited Settlement Agreement re Lienholder Interest, regarding 24 25 Homestreet’s interest in the Defendant Property located at 3326 North Indian Bluff 26 Road, Spokane, Washington. ECF No. 22. 27 28 ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE ~ 7 1 On November 20, 2020, the United States and Lienholder, Westcliff 2 Condominiums Homeowners Association, entered into an Expedited Settlement 3 Agreement re Lienholder Interest, in related criminal case U.S. v. Sandra Victoria 4 5 6 7 Talento, 2:18-CR-0232-TOR-2. ECF No. 882. On June 4, 2021, Clerk’s Orders of Default were entered against potential claimants, the Estate of Eve Novak c/o David Mixon and William O. Mize. ECF Nos. 8 9 10 11 39 and 40. All claims filed for the Defendant Properties have been addressed by settlement agreements; and no timely claims were filed or received for the Defendant 12 13 Funds, Defendant Conveyances, and Defendant Deeds of Trust, have been received or 14 filed with the Court, and the deadline for filing timely claims has passed. 15 Accordingly, IT IS HEREBY ORDERED: 16 17 18 19 1. Plaintiff’s Motion for Default Judgment and Final Order of Forfeiture (ECF No. 41) is GRANTED. 2. Default judgments are entered against the interests of the Estate of Eve 20 21 22 23 Novak c/o David Mixon and William O. Mize. 3. The Defendant Properties, subject to lienholder interests, Defendant Funds, Defendant Conveyances, and Defendant Deeds of Trust are 24 25 hereby forfeited to the United States of America and no right, title, or 26 interest shall exist in any other person or entity. 27 28 ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE ~ 8 1 2 3 4. IT IS FURTHER ORDERED that the United States Marshals Service or the Internal Revenue Service shall dispose of the forfeited properties described herein in accordance with law. 4 5 6 7 5. The Court shall retain jurisdiction in the case for the purpose of enforcing or amending this Order. The District Court Clerk is directed to enter this Order, enter Judgment for 8 9 10 Plaintiff, provide copies to counsel, and CLOSE the file. DATED: June 29, 2021. 11 12 13 14 THOMAS O. RICE United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING UNITED STATES’ MOTION FOR DEFAULT JUDGMENT AND FINAL ORDER OF FORFEITURE ~ 9
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