Old Republic Default Management Services v. All Claimants to Surplus Funds After Trustees Sale of Real Property Located at 841 Greenway Terrace La Habra CA 90631

Filing 19

JUDGMENT to Disburse Interpleaded Funds by Judge James V. Selna: See document for further information. (MD JS-6, Case Terminated). (lwag)

7

EILEEN M. DECKER
United States Attorney
SANDRA R. BROWN
Assistant United States Attorney
Chief, Tax Division
CHARLES PARKER (Cal. Bar No. 283078)
Assistant United States Attorney
Federal Building, Suite 7211
300 North Los Angeles Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

8

Attorneys for Respondent the United States

1
2
3
4
5
6

JS-6

9

UNITED STATES DISTRICT COURT

10

FOR THE CENTRAL DISTRICT OF CALIFORNIA

11

SOUTHERN DIVISION

12

Case No. 8:15-cv-00442 JVS (JCGx)

OLD REPUBLIC DEFAULT
MANAGEMENT SERVICES,

13

JUDGMENT TO DISBURSE
INTERPLEADED FUNDS

Petitioner,

14

vs.

15

ALL CLAIMANTS TO SURPLUS FUNDS
AFTER TRUSTEE’S SALE OF REAL
PROPERTY LOCATED AT 841
GREENWAY TERRACE LA HABRA, CA
90631,

16
17
18

Respondents.

19
20
21
22

Pursuant to the Court’s Order granting the Stipulation to Disburse Interpleaded
Funds, and all evidence properly on the record,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Robert O.

23

Carter possesses no valid interest in the surplus funds of $229,708.29 from the judicial

24

foreclosure sale on July 24, 2104, of the real property located at 841 Greenway Terrace,

25

La Habra, California.

26
27

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that order of
priority to the surplus funds is as follows:

28
1

1

Priority Date

Party

2

Balance as of
August 24, 2015

Beneficial Financial
I, Inc.

4/25/2000

United States

11/10/2003

$1,648.37

5

United States

10/27/2003

$28,806.38

6

FTB

4/23/2004

$6,349.88

7

United States

6/14/2004

$868.79

8

United States

6/14/2004

$1,760.39

9

FTB

4/29/2005

$4,969.28

10

FTB

8/29/2005

$279.47

11

United States

10/17/2005

$24,715.64

12

FTB

6/30/2006

$8,074.79

13

FTB

6/16/2007

$1,955.02

United States

3/24/2008

$20,465.75

United States

3/24/2008

$7,128.24

FTB

6/20/2008

$17,010.83

United States

11/17/2008

$24,766.42

3
4

14
15
16
17

$77,803.02

TOTAL

$226,602.89

18
19

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Orange

20

County Superior Court Clerk is ordered to distribute the $226,602.89 of interpleaded

21

Surplus Funds from case number 30-2015-00767905-CU-PT-CJC as follows:

22
23
24

Party
Beneficial
Financial I,
Inc.

Check Payee
Beneficial Financial
I, Inc.

Amount
$77,803.02

United States

United States of
America

$110,160.60

25
26
27
28
2

Address
Hydee J. Mulichak, Esq.
Malcom & Cisneros
2112 Business Center Drive,
2nd Fl.
Irvine, CA 92612
AUSA Charles Parker
300 N. Los Angeles St.
Suite 7211
Los Angeles, CA 90012

1
2

California
FTB

California Franchise
Tax Board

$38,639.27

3

FRANCHISE TAX BOARD
c/o Donny P. Le
P.O. Box 1720, MS: A-260
Rancho Cordova, CA 957411720

4
5

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Old Republic

6

Default Management Services, pursuant to California Civil Code section 2924k(a)(1), is

7

entitled to $2,670.40 trustee’s fees and the $435.00 filing fee, which Old Republic

8

Default Management Services retained prior to depositing the surplus funds with the

9

Superior Court. Fees paid to Old Republic Default Management Services pursuant to

10

Section 2924k(a)(1) shall not decrease the amount of Surplus Funds paid to the United

11

States. No further sums shall be paid to Old Republic Default Management Services.

12

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, except for the

13

payments to Old Republic Default Management Services and Beneficial Inc. described

14

above, the parties will each bear their own costs and attorney’s fees.

15

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that nothing in this

16

order waives or limits the IRS’s and/or the FTB’s right to collect any tax liabilities that

17

were not satisfied through payment of the surplus funds, including assessments discussed

18

herein, and any other assessments made by the IRS or FTB.

19

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, all parties

20

herein are discharged of all liability with respect to the surplus funds as to Robert O.

21

Carter.

22

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court will

23

retain jurisdiction to ensure the surplus funds are properly distributed by the Clerk of the

24

California Superior Court, County of Orange.

25
26
27
28

DATED: August 25, 2015
JAMES V. SELNA
United States District Judge
CC: Clerk of Court, Orange County Superior Court
3