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U.S. v. 1461 WEST 42ND STREET

No. 99-11130.

251 F.3d 1329 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. 1461 WEST 42ND STREET, HIALEAH, FLORIDA, Real property together with all improvements, fixtures and appurtenances thereon and therein, and all rent and profit derived therefrom, et al., Defendants, Jose Angel Rivera, Argelia Rivera, Arsenio J. Falcon, Marta M. Falcon, Claimants-Appellants, MR&F Enterprises, a partnership, Ridgewood Development Corporation, a Florida Corporation, Consolidated Claimants-Appellants.

United States Court of Appeals, Eleventh Circuit.

DECIDED May 22, 2001.

Attorney(s) appearing for the Case

L. Mark Dachs, L. Mark Dachs, P.A., Richard Nicholas Bohn, Paul D. Friedman, Paul D. Friedman, P.A., Miami, FL, for Appellants.

Anne R. Schultz, Miami, FL, for Plaintiff-Appellee.

Before ANDERSON, Chief Judge, and CARNES and OAKES, Circuit Judges.

OAKES, Circuit Judge:

In a quite complicated procedural context, this appeal deals with the considerations that ensue when real property that the government has seized in civil forfeiture proceedings is foreclosed by the property's mortgagee so that when it is time to return the property, after dismissal of the forfeiture action, the property, by virtue of the foreclosure, can no longer be returned. We are presented here with the task of tailoring an appropriate remedy...

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