United States v. One Residential Property Located at 8110 E. Mohave Road, Paradise Valley

ORDER DENYING CLAIMANT’S MOTION FOR SUMMARY JUDGMENT

On July 30, 2002 Claimant Tommy Thompson (“Thompson”) moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff United States of America (“Plaintiff’) timely opposed. All parties are represented by counsel. The Court decides the matter on the papers submitted and without oral argument pursuant to Civil Local Rule 7.1(d.1).

I. BACKGROUND

On July 31, 2001 Ed and Sherry Stewart (the “Stewarts”), the previous owners of 8110 E. Mohave Road, Paradise Valley, Arizona (the “Property”), executed a second deed of trust from Real Estate Equity Lending, Inc. (“REEL”). The Stewarts thereafter defaulted on the loan and REEL commenced nonjudicial foreclosure proceedings on the second deed of trust.

On April 30, 2002 Plaintiff filed a civil forfeiture .Complaint. Plaintiff alleges that the Property is subject to civil forfeiture pursuant to 18 U.S.C. § 981 because it was purchased with the proceeds of a mail and wire fraud scheme and/or is property traceable to money laundering transactions. On May 2, 2002 Plaintiff recorded a Notice of Lis Pendens against the Property with the Maricopa County,…