On November 15, 2019 a
CONDITIONAL DISCLAIMER OF THE UNITED STATES OF AMERICA
was filed
involving a dispute between
Freedom Mortgage Corporation,
and
City Of Palm Coast,
Clerk Of Court Flagler County,
Cubillos, German,
Cubillos, Ricardo D,
Lavelle, Diana Andrews,
Sunshine State Heating Air Conditioning Inc,
United States Of America Department Of The Treasur,
Unknown Heirs Beneficiaries Devisees,
Unknown Spouse Of German Cubillos,
Unknown Tenant In Possession Of The Subject Property,
for 3
in the District Court of Flagler County.
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Filing # 138927926 E-Filed 11/19/2021 04:56:21 PM
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT
IN AND FOR FLAGLER COUNTY, FLORIDA
FREEDOM MORTGAGE
CORPORATION,
Plaintiffs,
v. Case No.: 2019-CA-000747
GERMAN CUBILLOS, et al
Defendants.
CONDITIONAL DISCLAIMER OF THE UNITED STATES OF AMERICA
COMES NOW, the defendant, United States of America, by and through the
undersigned Assistant United States Attorney, on behalf of the Internal Revenue Service, and
hereby admits the Notice of Federal Tax lien, recorded in Official Records Book 2391 at Page
1348 of the Public Records of Flagler County, Florida. Additionally, it disclaims any interest
in the real property as it relates to this litigation and arising out of the Notices of Federal Tax
Lien, except as to preserve its interest in surplus proceeds arising from the sale of the subject real property
referenced in the Complaint and in accordance with the below provisions granted to agencies of the United
States under federal law:
1. The United States requests that the judgment provide for the right of
redemption specifically granted by 26 U.S.C. § 7425 and/ or 28 U.S.C. § 2410
(c). The judgment should further provide that "The United States of America shall not be
bound by the one-year time period imposed by Fla. Stat. Section 45.032 upon motions for
distribution of surplus proceeds."
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 11/22/2021 11:10 AM2. Should a party wish to negotiate for the release of the IRS’ right of redemption,
use IRS Form OBD-225 (Application for Release of Right of Redemption). The instructions
and form may be found at: https://www.justice.gov/archives/usam/tax-resource-manual-
35-instructions-re-applications-releases-rights-redemption.
3. The United States requests that it remain on the service list in this case so that
it can be served with any Notice of Sale and Certificate of Disbursements.
By:
Respectfully submitted,
KARIN HOPPMANN
Acting United States Attorney
s/ John F. Rudy IT
JOHN F. RUDY II
Assistant United States Attorney
FBN: 0136700
Deb Andreasen, Clerical Contractor
400 North Tampa Street, Suite 3200
Tampa, Florida 33602
Telephone: (813) 274-6000
Facsimile: (813) 274-6200
USAFLM.State.Foreclosures@usdoj.govCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by electronic
email, this 19" day of November, 2021 to the following:
Pratik Patel, Esquire FL98057
CHOICE LEGAL GROUP, P.A.
P.O. Box 771270
Coral Springs, FL 33077
S/ John F. Rudy TIT
JOHN F. RUDY I
Assistant United States Attorney
Document Filed Date
November 19, 2021
Case Filing Date
November 15, 2019
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Filing # 138927926 E-Filed 11/19/2021 04:56:21 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA FREEDOM MORTGAGE CORPORATION, Plaintiffs, v. Case No.: 2019-CA-000747 GERMAN CUBILLOS, et al Defendants. CONDITIONAL DISCLAIMER OF THE UNITED STATES OF AMERICA COMES NOW, the defendant, United States of America, by and through the undersigned Assistant United States Attorney, on behalf of the Internal Revenue Service, and hereby admits the Notice of Federal Tax lien, recorded in Official Records Book 2391 at Page 1348 of the Public Records of Flagler County, Florida. Additionally, it disclaims any interest in the real property as it relates to this litigation and arising out of the Notices of Federal Tax Lien, except as to preserve its interest in surplus proceeds arising from the sale of the subject real property referenced in the Complaint and in accordance with the below provisions granted to agencies of the United States under federal law: 1. The United States requests that the judgment provide for the right of redemption specifically granted by 26 U.S.C. § 7425 and/ or 28 U.S.C. § 2410 (c). The judgment should further provide that "The United States of America shall not be bound by the one-year time period imposed by Fla. Stat. Section 45.032 upon motions for distribution of surplus proceeds." Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 11/22/2021 11:10 AM2. Should a party wish to negotiate for the release of the IRS’ right of redemption, use IRS Form OBD-225 (Application for Release of Right of Redemption). The instructions and form may be found at: https://www.justice.gov/archives/usam/tax-resource-manual- 35-instructions-re-applications-releases-rights-redemption. 3. The United States requests that it remain on the service list in this case so that it can be served with any Notice of Sale and Certificate of Disbursements. By: Respectfully submitted, KARIN HOPPMANN Acting United States Attorney s/ John F. Rudy IT JOHN F. RUDY II Assistant United States Attorney FBN: 0136700 Deb Andreasen, Clerical Contractor 400 North Tampa Street, Suite 3200 Tampa, Florida 33602 Telephone: (813) 274-6000 Facsimile: (813) 274-6200 USAFLM.State.Foreclosures@usdoj.govCERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by electronic email, this 19" day of November, 2021 to the following: Pratik Patel, Esquire FL98057 CHOICE LEGAL GROUP, P.A. P.O. Box 771270 Coral Springs, FL 33077 S/ John F. Rudy TIT JOHN F. RUDY I Assistant United States Attorney