United States of America v. Real Property Located at 92/94 Vinedo Avenue in Pasadena, California

Filing 15


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1 2 3 4 5 6 7 8 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 15 FOR THE CENTRAL DISTRICT OF CALIFORNIA 16 WESTERN DIVISION 17 ) ) NO. CV 17-4045 DSF (SSx) ) Plaintiff, ) ) CONSENT JUDGMENT OF FORFEITURE vs. ) ) REAL PROPERTY LOCATED AT 92/94 ) ) VINEDO AVENUE IN PASADENA, ) CALIFORNIA, ) ) ) Defendant. ) ) YI WEN WANG, ) ) Titleholder. ) ) ) ) ) UNITED STATES OF AMERICA, 18 19 20 21 22 23 24 25 26 27 28 1 1 Plaintiff and potential claimant Nationstar Mortgage LLC as 2 agent through a power of attorney for New Residential Mortgage 3 LLC (“potential claimant”) have made a stipulated request for 4 the entry of this Consent Judgment, resolving this action in its 5 entirety. 6 The Court, having considered the stipulation of the 7 parties, and good cause appearing therefor, HEREBY ORDERS 8 ADJUDGES AND DECREES: 9 1. The government has given and published notice of this 10 action as required by law, including Rule G of the Supplemental 11 Rules for Admiralty or Maritime Claims and Asset Forfeiture 12 Actions, Federal Rules of Civil Procedure, and the Local Rules 13 of this Court. 14 case or answered the complaint. 15 would have filed a claim and answer in this case absent this 16 agreement. 17 filed, and the time for filing such statements of interest and 18 answers has expired. 19 parties to this judgment and the defendant property. 20 potential claimants to the defendant property other than 21 Nationstar Mortgage LLC as agent through a power of attorney for 22 New Residential Mortgage LLC are deemed to have admitted the 23 allegations of the complaint with respect to the defendant 24 property. 25 2. Potential claimant has not filed a claim in this However, potential claimant No other statements of interest or answers have been This Court has jurisdiction over the Any The United States of America shall have judgment as to 26 the defendant property, and, other than those interests 27 recognized herein, no other person or entity shall have any 28 2 1 right, title or interest therein. The legal description of the 2 defendant property, which property has Assessor Parcel Number 3 5748-012-023, and more particularly described as follows: 4 Lots 6 and 22 of Tract No. 12893, in the City of Pasadena, 5 County of Los Angeles, State of California, as per Map 6 7 Recorded in Book 245, Page 16 of Maps, in the Office of the County Recorder of said county. 8 3. The United States is hereby authorized to remove any 9 occupants and/or personal property remaining on the defendant 10 property thirty days after the giving of written notice to any 11 occupants of the defendant property without further order of 12 this Court. The United States shall thereafter sell the 13 14 15 16 property. The proceeds of the sale shall be distributed in the following priority, to the extent proceeds are available: a. of the sale; 17 18 To the United States for its costs and expenses b. To the Los Angeles County Assessor and Tax 19 Collector of all unpaid real property taxes 20 assessed against the defendant property to the 21 date of entry of the Judgment of Forfeiture; 22 c. To Nationstar Mortgage LLC as agent through a 23 power of attorney for New Residential Mortgage 24 LLC as follows: 25 i. All unpaid principal and interest due under 26 its Note which is secured by the Deed of 27 Trust recorded as Instrument No. 20140838607 28 3 1 against the defendant property identifying 2 ONY GLO, INC., DBA OGI MORTGAGE BANKERS as 3 beneficiary, and an Assignment of Deed of 4 Trust recorded as Instrument No. 20170644950 5 against the defendant property identifying 6 New Residential Mortgage, LLC as assignee as 7 of the date of the closing with respect to 8 Plaintiff’s sale of the defendant property; 9 and 10 ii. All other fees, costs and advances as 11 provided under the terms of the Note and 12 Deed of Trust, as of the date of the closing 13 with respect to Plaintiff’s sale of the 14 defendant property. 15 These fees, costs and 16 advances include, but are not limited to, 17 fees, advances or costs for property taxes, 18 insurance (including for hazard insurance), 19 reasonable attorney fees and costs and fees 20 and costs incurred in protecting 21 potential claimant’s security interest; and 22 d. The balance shall be paid and forfeited to the 23 United States of America, and such funds shall be 24 disposed of according to law. 25 26 4. Potential claimant has agreed to release the United States of America, its agencies, agents, and officers, including 27 employees and agents of the Federal Bureau of Investigation, 28 4 1 from any and all claims, actions or liabilities arising out of 2 or related to this action, including, without limitation, any 3 claim for attorneys’ fees, costs or interest which may be 4 asserted on behalf of potential claimant against the United 5 States, whether pursuant to 28 U.S.C. § 2465 or otherwise. 6 7 Potential claimant has also waived any rights it may have to seek remission or mitigation of the forfeiture. Nothing in this 8 Consent Judgment is intended as, nor should anything in this 9 Consent Judgment be interpreted as an admission by potential 10 claimant of any liability or wrongdoing. 11 // 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 5. The court finds that there was reasonable cause for the 2 institution of these proceedings pursuant to 28 U.S.C. 3 § 2465. 4 cause pursuant to 28 U.S.C. § 2465. This judgment constitutes a certificate of reasonable 5 6 DATED: 10/26/17 7 _____________________________________ THE HONORABLE DALE S. FISCHER UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 Prepared by: SANDRA R. BROWN Acting United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section 15 16 /s/ Jonathan Galatzan JONATHAN GALATZAN 17 18 Assistant United States Attorney Asset Forfeiture Section 19 20 21 22 23 24 25 26 27 28 6

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