Federal Home Loan Mortgage Corporation v. Donn A Sarino et al

Filing 96

JUDGMENT by Judge Michael W. Fitzgerald: Upon Stipulation, the Court rules as follows: This Court's judgment pertains to real property commonly known as 1914Pattiz Ave., Long Beach, California ("Subject Property"). IT IS HEREBY ORDERED that the Cross-Complaint filed by Millenium Properties, Inc. 26 is dismissed with prejudice. IT IS HEREBY FURTHER ORDERED that the Complaint filed by David Shalet Lippman filed in the Los Angeles County Superior Court as Case Number NC058945, and removed to this Court on 9/18/2013 is dismissed with prejudice. IT IS HEREBY FURTHER ORDERED that the 2005 Deed of Trust recorded in the Los Angeles County Recorder's Office on 12/29/2005 as Instrument Number 05-3212286 is a valid encumbrance ag ainst the Subject Property with an effective date of 12/29/2005. IT IS HEREBY FURTHER ORDERED that the Trustee's Deed Upon Sale recorded in the Los Angeles County Recorder's Office on 8/29/2012 as Instrument Number 20121293757 is cancelled nunc pro tunc. IT IS HEREBY FURTHER ORDERED that the Grant Deed recorded in the Los Angeles County Recorder's Office on 9/19/2012 as Instrument Number 20121410619 is hereby cancelled nunc pro tunc and deemed void ab initio. IT IS HEREBY FURTHER ORDERED that the Grant Deed recorded in the Los Angeles County Recorder's Office on 11/29/2012 as Instrument Number 20121815796 is hereby cancelled nunc pro tunc and deemed void ab initio. IT IS HEREBY FURTHER ORDERED that the Deed of Trust recorded in the Los Angeles County Recorder's Office on 11/29/2012 as Instrument Number 20121815797 is hereby cancelled nunc pro tunc and deemed void ab initio. (MD JS-6, Case Terminated). (gk)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FEDERAL HOME LOAN
MORTGAGE CORPORATION,
Plaintiff,
v.
DONN A. SARINO; EDERLINE M.
SARINO; CANDELARIA VALDEZ;
ERIKA OCHOA; MARIA T.
ESPARZA; LORNA MARIE
NORMANDY; LAND
INVESTMENTS-01, AN ENTITY
OF UNKNOWN CHARACTER;
MILLENIUM PROPERTIES, INC.;
DAVID SHALET LIPPMA; ALL
PERSONS UNKNOWN CLAIMING
ANY LEGAL OR EQUITABLE
RIGHT, TITLE, ESTATE, LIEN OR
INTEREST IN THE PROPERTY
DESCRIBED IN THE COMPLAINT
ADVERSE TO PLAINTIFF’S
TITLE, OR ANY CLOUD ON
PLAINTIFF’S TITLE THERETO;
and DOES 1 through 10 inclusive,
Defendants.

Case No. CV13-04551–MWF (MRWx)
JUDGMENT

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MILLENIUM PROPERTIES, INC.,
Cross-Claimant,
v.
DONN A. SARINO; EDERLINE M.
SARINO; CANDELARIA VALDEZ,
ERIKA OCHOA; MARIA T.
ESPARZA; LORNA MARIE
NORMANDY; LAND; FEDERAL
HOME LOAN MORTGAGE
CORPORATION
Cross-Defendants
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JUDGMENT

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Having reviewed the Stipulation between Plaintiff/Cross-Defendant Federal

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Home Loan Mortgage Corporation, Defendants Donn A. Sarino; Ederline M. Sarino;

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David Shalet Lippman erroneously sued as David Shalet Lippma; Defendant/Cross-

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Complainant Millenium Properties, Inc.; and having reviewed the default judgment

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request against Defendants Land Investments-01; Candelaria Valdez; Erika Ochoa;

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Maria T. Esparza; and All Persons Unknown Claiming Any Legal or Equitable

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Right, Title, Estate, Lien or Interest in the Property Described in the Complaint

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Adverse to Plaintiff’s Title, or Any Cloud on Plaintiff’s Title Thereto, the Court rules

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as follows:

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This Court’s judgment pertains to real property commonly known as 1914

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Pattiz Ave., Long Beach, California (“Subject Property”). The legal description for

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the Subject Property is:

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THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
LOT 378 OF TRACT NO 17703, IN THE CITY OF LONG BEACH,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 466, PAGE(S) 13 TO 23 INCLUSIVE OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM, ALL OIL, OIL RIGHTS, NATURAL GAS
RIGHTS, MINERAL RIGHTS, ALL OTHER HYDROCARBON
SUBSTANCES BY WHATSOEVER NAME KNOWN, AND ALL WATER,
CLAIMS OR RIGHTS TO WATER, TOGETHER WITH APPURTENANT
RIGHTS THERETO, WITHOUT, HOWEVER, ANY RIGHT TO ENTER
UPON THE SURFACE OF SAID LAND NOR ANY PORTION OF THE
SUBSURFACE LYING ABOVE A DEPTH OF 50 FEET, AS EXCEPTED
OR RESERVED BY DEED RECORDED NOVEMBER 21, 1947 AS
INSTRUMENT NO 1923, IN BOOK 25435 PAGE 360 AND
MODIFICATION RECORDED MAY 29, 1952 AS INSTRUMENT NO 1355
IN BOOK 39045 PAGE 382, AND RECORDED MAY 29, 1952 AS
INSTRUMENT NO 1356 IN BOOK 39645 PAGE 416, ALL OF OFFICIAL
RECORDS.
Full Parcel/APN 1: 7235-026-028
IT IS HEREBY ORDERED that the Cross-Complaint filed by Millenium
Properties, Inc. is dismissed with prejudice.
IT IS HEREBY FURTHER ORDERED that the Complaint filed by David
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JUDGMENT

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Shalet Lippman filed in the Los Angeles County Superior Court as Case Number

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NC058945, and removed to this Court on September 18, 2013 is dismissed with

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prejudice.

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IT IS HEREBY FURTHER ORDERED that the 2005 Deed of Trust recorded

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in the Los Angeles County Recorder’s Office on December 29, 2005 as Instrument

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Number 05-3212286 is a valid encumbrance against the Subject Property with an

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effective date of December 29, 2005.

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IT IS HEREBY FURTHER ORDERED that the Trustee’s Deed Upon Sale
recorded in the Los Angeles County Recorder’s Office on August 29, 2012 as
Instrument Number 20121293757 is cancelled nunc pro tunc.
IT IS HEREBY FURTHER ORDERED that the Grant Deed recorded in the

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Los Angeles County Recorder’s Office on September 19, 2012 as Instrument

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Number 20121410619 is hereby cancelled nunc pro tunc and deemed void ab initio.

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IT IS HEREBY FURTHER ORDERED that the Grant Deed recorded in the

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Los Angeles County Recorder’s Office on November 29, 2012 as Instrument

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Number 20121815796 is hereby cancelled nunc pro tunc and deemed void ab initio.

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IT IS HEREBY FURTHER ORDERED that the Deed of Trust recorded in the

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Los Angeles County Recorder’s Office on November 29, 2012 as Instrument

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Number 20121815797 is hereby cancelled nunc pro tunc and deemed void ab initio.

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IT IS SO ORDERED.

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DATED: June 22, 2015
MICHAEL W. FITZGERALD
United States District Court Judge

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JUDGMENT