United States of America v. Couri et al

Filing 21

ORDER Approving 20 Stipulation Regarding Lien Priority Between Jordan Kaufman, Kern County Treasurer-Tax Collector, and the United States, signed by Magistrate Judge Jennifer L. Thurston on 7/31/2017. (Hall, S)

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1 DAVID A. HUBBERT Acting Assistant Attorney General 2 3 4 5 6 7 CHRISTIAN MEJIA (NJ SBN: 129362015) Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683 Washington, D.C. 20044 202-305-7548 (v) 202-307-0054 (f) Christian.Mejia@usdoj.gov 8 PHILLIP A. TALBERT United States Attorney Eastern District of California 9 Attorneys for the United States of America 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 United States of America, No. 1:17-CV-00713-DAD-JLT 14 Plaintiff, [PROPOSED] ORDER APPROVING STIPULATION REGARDING LIEN PRIORITY BETWEEN JORDAN KAUFMAN, KERN COUNTY TREASURER-TAX COLLECTOR, AND THE UNITED STATES 15 v. 16 17 18 19 Edgard Couri; First American Title Insurance Company; Wesav Mortgage Corporation; Wells Fargo Bank, N.A.; GE Mortgage Services LLC; Kern County; State of California Franchise Tax Board; 21 23 ) Defendants. 20 22 (Doc. 20) Plaintiff, the United States of America (“United States”), and Defendant, Jordan Kaufman, Kern County Treasurer-Tax Collector (“Kern County Treasurer”), have jointly filed a Stipulation Regarding Lien Priority Between Jordan Kaufman, Kern County Treasurer-Tax Collector, and the 24 United States (ECF No. 20) (“Stipulation”) with regard to real property commonly known as 25 2709 Pecangrove Drive, Bakersfield, California 93311 (“Subject Property”). 26 27 // // 28 Proposed Order 1 1 2 In consideration of the parties’ Stipulation and for good cause shown, the Court ORDERS: 3 4 (1) is hereby approved; 5 6 The Stipulation between the United States and the Kern County Treasurer (2) Kern County Treasurer is substituted in the place of Kern County as a defendant in this action, and this action is termination as to Kern County; 7 (3) If the Court permits the sale of the Subject Property, the United States shall 8 submit to the Court a proposed Order of Foreclosure and Judicial Sale consistent with the 9 Stipulation; 10 11 (4) Kern County Treasurer agrees to be bound by the judgment in this case, which shall incorporate the terms of the Stipulation; 12 (5) The United States and Kern County Treasurer agree to bear their own costs 13 and attorney’s fees, except the costs incurred in selling the Subject Property, which are to be 14 reimbursed from the proceeds of the sale of the Subject Property prior to satisfying the 15 outstanding liens on the Subject Property; and 16 17 (6) Kern County Treasurer is excused from further participation in this action, until, and if, the Court permits the sale of the Subject Property. 18 19 20 IT IS SO ORDERED. Dated: July 31, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 Proposed Order 2

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