Shelden v. United States

OPINION

SMITH, Chief Judge.

This case comes before the court on plaintiffs’ motion for summary judgment as to liability, and defendant’s cross-motion for summary judgment, or in the alternative, to dismiss. Plaintiffs were innocent mortgagees of real property under a deed of trust. This property was ordered forfeited when the mortgagor was convicted of violating federal anti-racketeering statutes. Although the order of forfeiture was eventually vacated, plaintiffs were prevented from foreclosing their lien for over two years, during which time the property sustained severe, preventable, and…