Clear Recon Corp v. All Claimants to Surplus Funds After a Trustee's Sale of Real Property Located at 9151 Shelley Drive, Garden Grove, CA 92841

Filing 18

JUDGMENT by Judge Andrew J. Guilford to Disburse Interpleaded Funds. Related to: Stipulation for Disbursement of Funds 17 (MD JS-6, Case Terminated). (nbo)

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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]

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Attorneys for Respondent the United States

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JS-6
cc: FISCAL

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION

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Case No. 8:15-cv-01016 AG (Ex)

CLEAR RECON CORP.,

JUDGMENT TO DISBURSE
INTERPLEADED FUNDS

Petitioner,
vs.
ALL CLAIMANTS TO SURPLUS FUNDS
AFTER TRUSTEE’S SALE OF REAL
PROPERTY LOCATED AT 9151
SHELLEY DRIVE, GARDEN GROVE, CA
92841,
Respondents.

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Pursuant to the Stipulation to Disburse Interpleaded Funds, and all evidence
properly on the record,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Victor Wolf

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and Tammye Wolf possess no interest in the surplus funds of $66,377.36 from the

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judicial foreclosure sale that occurred on December 29, 2104, of the real property located

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at 9151 Shelley Drive, Garden Grove, California.

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

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Priority Dates

PNC Bank

4/25/2000

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California FTB

6/22/2010 & 6/28/2010

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United States

8/2/2010

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

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County Superior Court Clerk is ordered to distribute the $63,030.35 of interpleaded

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Surplus Funds from case number 30-2015-00789247-CU-PT-CJC as follows:

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Party
PNC Bank

Check Payee
PNC Bank, N.A.

Amount
$5,451.07

California
FTB

California Franchise
Tax Board

$33,943.90

United States

United States of
America

$23,635.38

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Address
Jason A. Savlov, Esq.
RCO Legal, P.S.
Santa Ana, CA 92705
FRANCHISE TAX BOARD
c/o Donny P. Le
P.O. Box 1720, MS: A-260
Rancho Cordova, CA 957411720
AUSA Charles Parker
300 N. Los Angeles St.
Suite 7211
Los Angeles, CA 90012

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Clear Recon

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Corp., pursuant to California Civil Code section 2924k(a)(1), is entitled to $2,912.01

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trustee’s fees and the $435.00 filing fee, which Clear Recon Corp. retained prior to

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depositing the surplus funds with the Superior Court. Fees paid to Clear Recon Corp.

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

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the United States. No further sums shall be paid to Clear Recon Corp.

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

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payments to Clear Recon Corp. described above, the parties will each bear their own

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costs and attorney’s fees.

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

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order waives or limits the IRS’s or the California FTB’s right to collect any tax liabilities
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that were not satisfied through payment of the surplus funds, including assessments

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discussed herein, and any other assessments not discussed herein.

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

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

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California Superior Court, County of Orange.

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DATED: October 25, 2015
ANDREW J. GUILFORD
United States District Judge

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Respectfully presented,

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EILEEN M. DECKER
United States Attorney
SANDRA R. BROWN
Assistant United States Attorney
Chief, Tax Division

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/s/
CHARLES PARKER
Assistant United States Attorney
Attorneys for the United States of America

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Cc: FISCAL

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