Order on American Commerce Bank, N.A.'s Petition 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. 66 · 2023-04-05 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF FLORIDA 
TALLAHASSEE DIVISION 
UNITED STATES OF AMERICA, 
v. 
 
Case No.: 4:22cr32-MW/MAF 
FELICIA JACKSON STANLEY, 
and WILBERT JEAN STANLEY, III, 
Defendants. 
___________________________/ 
ORDER ON AMERICAN COMMERCE BANK, N.A.’s PETITION FOR 
ADJUDICATION OF INTEREST IN PROPERTY 
This Court has considered, without hearing, American Commerce Bank, 
N.A.’s petition for adjudication of interest in property. ECF No. 63. The Government 
has responded, noting that it “does not oppose waiving the [timeliness] defect based 
on the explanation of the Claimant contained in the petition.” ECF No. 65 at 1. 
Further, the Government “recognizes the claim of American Commerce Bank for the 
balance of the note and interest as reflected in [ECF No. 63-3].” Id. The Government 
reserves the right to object to attorney’s fees should the requested amount be 
unreasonable. Id. at 2.  
Accordingly, given the Government’s recognition of the Claimant’s claim for 
the balance of the note and interest as reflected in ECF No. 63-3, Claimant’s petition, 
ECF No. 63, is GRANTED. This Court recognizes the continued existence and 
validity of Claimant’s first lien on the Property because American Commerce Bank 
Case 4:22-cr-00032-MW-MAF     Document 66     Filed 04/05/23     Page 1 of 2

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is an innocent owner. The Government shall pay American Commerce Bank, N.A., 
the unpaid principal balance, escrow advances, interest, charges, and fees on the 
Loan, including reasonable attorney’s fees as provided in the mortgage document, 
from the proceeds of the sale of the Property after the expenses of preservation of 
the sale and before distribution to other claimants. If the parties are unable to agree 
as to Claimant’s reasonable attorney’s fees, this Court shall set the matter for a 
hearing.   
SO ORDERED on April 5, 2023. 
 
 
 
 
 
s/Mark E. Walker 
       ____ 
 
 
 
 
 
 
Chief United States District Judge 
 
Case 4:22-cr-00032-MW-MAF     Document 66     Filed 04/05/23     Page 2 of 2

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