Petition of American Commerce Bank, N.A. for Adjudication of Interest in Property — United States v. Felicia Stanley (N.D. Fla.)

Record facts

U.S. District Court, Northern District of Florida, Tallahassee Division · No. 4:22-cr-00032-MW-MAF · Doc. 63 · 2023-03-28 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF FLORIDA 
TALLAHASSEE DIVISION 
UNITED STATES OF AMERICA, 
v.  
FELICIA 
TIFFANY 
JACKSON- 
STANLEY AND 
WILBERT JEAN STANLEY, III, 
Defendants. 
___________________________________/
Case 
No.: 
4:22-cr-00032-
MW/MAF 
PETITION OF AMERICAN COMMERCE BANK, N.A. FOR 
ADJUDICATION OF INTEREST IN PROPERTY 
American Commerce Bank, N.A. (“American Commerce Bank”), 
pursuant to 21 U.S.C. § 853(n)(2) and Fed. R. Crim. P. 32.2(a)(1)(A), petitions 
the Court for an Order recognizing the secured interest it has in the subject 
property, and respectfully shows the Court as follows:  
1. 
The real property subject to this petition is described in the Notice 
of Lis Pendens Re: Forfeiture (Dkt. 33) (the Notice)1, is commonly known as 
Lot 10C on Painted Post Lane, Tallahassee, Florida 32305 (Property), and is 
more particularly described as follows: 
1 Two other notices of lis pendens were filed in this action. See Dkts. 32, 34. American 
Commerce Bank also claimed an interest in the property subject to the lis pendens 
field at Docket No. 32. However, by agreement of the parties, the property subject to 
the lis pendens at Docket 32 was sold, the interests of American Commerce Bank in 
that separate property was satisfied. See Dkts. 53, 56, 58. 
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Real property located and situated in Leon County, Florida: Lot 
10, Block C, Tallahassee Ranch Club, according to the plat 
thereof, recorded in Plat Book 18, Page(s) 1 through 35, of the 
inclusive, Public Records of Leon County, Florida, and further 
described in Leon County Official Records Book 5496 and Page 
1308, and known to the Leon County Property Appraiser as 
Parcel Identification # 332525 C0100. 
2. 
Felicia Jackson Stanley executed a promissory note in the 
original principal amount of $51,000.00 (Note) in favor of American 
Commerce Bank dated September 29, 2020. The loan is secured by a first-lien 
mortgage executed on or about September 29, 2020 by Felicia Jackson 
Stanley, recorded in Book 5496 at Pages 1309-1316 in the Leon County Public 
Records (Mortgage). True and correct copies of the Mortgage and Note are 
attached as Exhibits A and B. 
3. 
American Commerce Bank is the holder of the Mortgage lien on 
the Property. 
4. 
The payoff amount due and owing on the loan as of March 27, 
2023, to include principle, interest, late charges and fees is $45,901.56, plus 
attorney’s fees. A true and correct copy of the payoff statement for the Loan 
through March 27, 2023, exclusive of attorney’s fees, is attached as Exhibit 
C. By its terms, the Loan continues to accrue interest, charges, and fees, 
including attorney’s fees. The daily interest per diem is $6.60127. 
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5. 
American Commerce Bank is a secured creditor with respect to 
the Property. 
6. 
American Commerce Bank’s Mortgage lien and security interest 
in the Property vested upon the recording of the Mortgage on October 2, 2020, 
and is superior to the right, title and interest of any other person or entity as 
to the amounts due thereunder at the time of the events giving rise to the 
Preliminary Order of Forfeiture.2
7. 
American Commerce Bank’s interest in the Property is not 
subject to forfeiture to the United States by reason of an act or omission of 
Felicia Jackson Stanley because (1) American Commerce Bank did not know 
of the conduct giving rise to the Complaint or any violation of the law, (2) 
American Commerce Bank is a bona fide lender for value; (3) American 
Commerce Bank did not know and were reasonably without cause to believe 
that the Property was involved in any violation of the law or was subject to 
forfeiture, and/or (4) American Commerce Bank did not explicitly or implicitly 
consent to the acts or omissions giving rise to this action, and had no 
2 See e.g., Brown Bark III, LP v. Torres, 2010 WL 10363 at 5 (S.D. Fla. January 4, 
2010) (a recorded mortgage establishes a lien superior to any subsequent claims and 
liens attaching to property subject to that mortgage); see also §695.01, Fla. Stat., 
Florida’s race-notice recording statute (“No conveyance, transfer or mortgage of real 
property, or of any interest therein, nor any lease for a term of 1 year or longer, shall 
be good and effectual in law or equity against creditors or subsequent purchasers for 
a valuable consideration and without notice, unless the same be recorded according 
to law”). 
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knowledge the user of the Property had any record for violating the law of the 
United States. 
8.  
Accordingly, pursuant to 18 U.S.C. §1963(1) and Fed. R. Crim. P. 
32.2(c), American Commerce Bank respectfully seeks a determination of the 
validity of American Commerce Bank’s security interest in the Property as 
evidenced by the Mortgage in an amount not less than the outstanding 
principal balance due thereunder, plus any costs and expenses related 
thereto, as well as a determination that American Commerce Bank’s security 
interest is not forfeited to the United States of America as a result of the 
Order or any subsequent final order of forfeiture. 
9.  
The Court previously entered an Order extending the time to file 
a petition asserting an interest in the Property (as well as other properties 
identified in the Preliminary Order of Forfeiture (Dkt. 41)), to and through 
February 17, 2023, to allow the parties to potentially sell the properties and 
obviate the need for a hearing on any petition. Dkt. 57.  
10. 
The United States and Defendants did reach an arrangement to 
sell certain of the properties subject to the Preliminary Order of Forfeiture, 
which resulted in satisfying other mortgages held by American Commerce 
Bank on those specific properties. See Dkts. 56, 58.  However, the Property at 
issue in this petition was not included in that sale, nor was the Mortgage 
satisfied by the prior sale of the other properties. Due to an oversight on the 
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part of counsel for American Commerce Bank, it was not realized that the 
Mortgage and Property were not covered in the prior sale of property. As soon 
as this was discovered, on March 23, 2023, counsel for American Commerce 
Bank reached out to the U.S. Attorney’s Office to explain the situation, and 
inquire whether the United States opposed filing a petition at this time, as to 
the Property in light of this inadvertent oversight, despite the time under the 
prior Order extending time to do so having expired. The United States 
responded that it did not oppose American Commerce Bank filing its petition 
as to the Property at this time.  
11. 
Pursuant to Fed. R. Crim. P. 45(b)(1)(B), the Court may extend 
the time to undertake an act even after the deadline has passed if the party 
failed to act because of excusable neglect. “Whether the party's neglect of a 
deadline may be excused is an equitable decision turning on all relevant 
circumstances surrounding the party's omission.” Henderson v. Sec’y, Dep’t of 
Corr., No. 3:19CV422-LC-HTC, 2022 WL 379312, at *3 (N.D. Fla. Jan. 18, 
2022), report and recommendation adopted, No. 3:19CV422-LC-HTC, 2022 
WL 379309 (N.D. Fla. Feb. 8, 2022) (citing Pioneer Investment Svcs. Co. v. 
Brunswick Assocs. Ltd. Partnership, 507 U.S. 380 (1993)). “The factors to 
consider include (1) the danger of prejudice to the [opposing party], (2) the 
length of the delay and its potential impact on judicial proceedings, (3) the 
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reason for the delay, including whether it was in the reasonable control of the 
movant, and (4) whether the movant acted in good faith.” Id.
12. 
As noted above the reason for the failure to file this petition prior 
to the February 17, 2023 deadline was confusion about which mortgages were 
being satisfied pursuant to the prior agreed sale that occurred in this matter. 
Once it was determined the loan on the Property remained outstanding, 
barely thirty days after that prior sale, counsel for American Commerce Bank 
immediately contacted the U.S. Attorney’s Office to alert them of the issue, 
and promptly filed this petition upon confirming the U.S. Attorney’s Office 
had no objection to filing the petition at this time, obviating any claim of 
prejudice, and demonstrating the good faith of the movant.  
13. 
Nor will this impact the proceedings since the delay has been 
short, and there has been no final order of forfeiture at this time nor has the 
Property been sold. 
14. 
Thus, because the United States does not oppose the filing of the 
petition by American Commerce Bank at this time, no final order of forfeiture 
has been entered, the Property has not been sold, the delay was the result of 
excusable neglect for which American Commerce Bank should not be 
penalized, and American Commerce Bank acted promptly to remedy the delay 
as soon as it was aware of the issue, the Court should allow the petition to be 
filed at this time. 
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WHEREFORE, American Commerce Bank petitions the Court, if the 
parties are unable to stipulate or reach settlement, for a hearing to adjudicate 
the validity of its secured interest in the Property, for the release of any lis 
pendens filed and/or recorded against the Property, and for an order (a) 
recognizing the continued existence and validity of its first lien on the 
Property because American Commerce Bank is an innocent owner; (b) 
ordering the unpaid principal balance, escrow advances, interest, charges, 
and fees on the Loan, including attorney’s fees as provided in the mortgage 
document, be paid from the proceeds of the sale of the Property after the 
expenses of preservation of the sale and before distribution to other 
claimants; and (c) for all further relief to which American Commerce Bank 
may be entitled. 
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Dated: March 28, 2023  
BURR & FORMAN LLP 
CHRISTOPHER R. THOMPSON, 
ESQ. 
Florida Bar Number: 0093102 
200 South Orange Avenue, Suite 800 
Orlando, Florida 32801 
Telephone: (407) 540-6600 
Primary and Secondary E-mail 
Addresses: 
crthompson@burr.com 
dmartini@burr.com 
By:      /s/ Adam R. Smart
ADAM R. SMART, ESQ. 
Florida Bar No.: 1032572 
50 North Laura Street, Suite 3000 
Jacksonville, Florida 32202 
Telephone: (904) 232-7200 
Primary and Secondary E-mail 
Addresses:
asmart@burr.com 
jmlewis@burr.com 
ATTORNEYS FOR AMERICAN 
COMMERCE BANK, N.A. 
CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that, on March 28, 2023, I electronically filed the 
foregoing with the Clerk of the Court using the CM/ECF system, which will 
send electronic notice of the filing to all parties. 
/s/ Adam R. Smart
                      Attorney 
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