United States of America v. Real Property Located at 4201 Cameron Road, Cameron Park, California

Filing 22

FINAL JUDGMENT OF FORFEITURE signed by Senior Judge Lawrence K. Karlton on 2/9/2009 GRANTING 21 Stipulation filed by United States of America. (Matson, R)

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LAWRENCE G. BROWN Acting United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant United States Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: [phone] Attorneys for Plaintiff United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Plaintiff, v. REAL PROPERTY LOCATED AT 4201 CAMERON ROAD, CAMERON PARK, CALIFORNIA, EL DORADO COUNTY, APN: 109-151-26-100, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendant.

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2:08-CV-00991-LKK-DAD FINAL JUDGMENT OF FORFEITURE

Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against certain real

property located at 4201 Cameron Road, Cameron Park, El Dorado County, California, Assessor's Parcel Number: 109-151-26-100 (hereafter "defendant real property"), legal description: THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF EL DORADO, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: LOT 10 OF CAMERON PARK UNIT NO. 2, FILED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF EL DORADO, STATE OF CALIFORNIA ON DECEMBER 28, 1959 IN BOOK C OF MAPS AT 1

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PAGE 37. ASSESSORS PARCEL NO.: 109-151-26-100 2. A Verified Complaint for Forfeiture In Rem ("complaint")

was filed on May 6, 2008, alleging that said real property is subject to forfeiture to the United States of America pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C). 3. On May 20, 2008, the defendant real property was

posted with a copy of the complaint and notice of complaint. 4. On or about May 12, 2008, Wachovia Mortgage, FSB FKA

World Savings Bank, FSB (hereafter "Wachovia") was served copies of the complaint, notice of complaint, application and order for publication, lis pendens, order requiring joint status report, notice of availability of voluntary dispute resolution, notice of availability of magistrate judge, and notice of forfeiture action by certified mail number 7006 2150 0001 6370 3894. On May 20,

2008, the Internal Revenue Service personally served copies of the above-listed documents on Miguel Vasquez, Jr. (hereafter "Vasquez"). 5. On June 4, 11, 18, and 25, 2008, a Public Notice of

Posting of the defendant real property appeared by publication in the Mountain Democrat, a newspaper of general circulation in the county in which the defendant real property is located (El Dorado County). The Proof of Publication was filed with the Court on

July 3, 2008. 6. Wachovia filed a verified claim and answer alleging an Vasquez filed a Claim

interest in the defendant real property.

of Ownership of Property alleging that he is the legal owner of the defendant real property, and filed an answer to the 2

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complaint. 7. No other parties have filed claims or answers in this

matter and the time for which any person or entity may file a claim and answer has expired. Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of

Forfeiture entered into by and between the parties to this action. 2. Judgment is hereby entered against claimant Vasquez and

all other potential claimants who have not filed claims in this action. 3. All right, title and interest of Vasquez in the

defendant real property shall be forfeited to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C). 4. The Internal Revenue Service (or a designee) shall list The Internal Revenue

the defendant real property for sale.

Service shall have sole authority to select the means of sale, including sale by internet or through a licensed real estate broker, and shall have sole authority over the marketing and sale of the defendant real property. 5. The Internal Revenue Service shall have the defendant

real property appraised by a licensed appraiser of its choosing. The Internal Revenue Service and the appraiser may have access to the defendant real property and structures, buildings, or storage sheds thereon upon 24 hours telephonic notice. 6. If necessary, the Internal Revenue Service, and any real 3

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estate broker employed by the Internal Revenue Service, shall have the right to put a "lock box" on the property to facilitate the marketing and sale of the property. 7. The following costs, expenses and distributions shall be

paid in escrow from the gross sales price in the following priority and to the extent funds are available: (a) The costs incurred by the Internal Revenue Service to the date of close of escrow, including the cost of posting, service, advertising, and maintenance. (b) Any unpaid real property taxes, which shall be prorated as of the date of the entry of this Final Judgment of Forfeiture. (c) A real estate commission not to exceed the Internal Revenue Service contractual brokerage fee. (d) (e) The seller shall pay any county transfer taxes. To Wachovia, a sum to satisfy an indebtedness under the Deed of Trust recorded in the official records of El Dorado County as instrument number 2006-0006624-00 on January 31, 2006, in the original amount of $730,000.00 plus all unpaid interest at the contractual (not default) rate, plus any advances and costs incurred by Wachovia up to the date of the payoff of the loan, including, but not limited to any insurance advances, tax advances, and property preservation costs. As of May 22, 2008, the principal due and Interest

owing under the Note was $635,495.00. 4

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will continue to accrue under the Note at an adjustable rate, which as of May 22, 2008, was 6.93% per annum or $120.66 per diem. Reasonable

attorneys fees in an amount not to exceed $3000 shall also be paid to Wachovia. The exact amount

to be paid to Wachovia shall be determined at time of payment. To the United States of America: the net proceeds from the sale of the real property. All right,

title, and interest in said funds shall be substituted for the defendant real property and forfeited to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C), to be disposed of according to law. The United States shall not enter into any contract for

the sale of the real property unless it first determines that a distribution of the sale proceeds pursuant to Paragraph 7 will result in payment in full of Wachovia's loan debt as provided for in Paragraph 7(e). In order to make such determination, the

Internal Revenue Service shall obtain a current payoff statement from Wachovia. If the Internal Revenue Service determines that

Wachovia's loan debt will not be paid in full, the United States, at its option, may either continue to find a buyer at a sale price sufficient to result in full payment of Wachovia's loan debt or allow Wachovia to proceed with foreclosure of the real property. 9. Any liens or encumbrances against the defendant

real property that appear on record subsequent to the recording 5

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of plaintiff's lis pendens on May 16, 2008, and prior to the close of escrow may be paid out of escrow. The United States may

pay any such lien or encumbrance at its sole discretion. 10. The costs of a lender's policy of title insurance

(ALTA policy) shall be paid for by the buyer. 11. All loan fees, "points" and other costs of obtaining

financing shall be paid for by the buyer of the defendant real property. 12. Each party shall execute all documents necessary to

close escrow, if such signatures are required by the title insurer. 13. The Internal Revenue Service shall have nine (9) months

from the date of the entry of this Final Judgment of Forfeiture within which to find a buyer satisfying Paragraph 8 above. If

the Internal Revenue Service cannot find such a buyer within nine (9) months, and the real property value subsequent to that time is such that Wachovia's loan debt would not be paid in full in a distribution under Paragraph 7, Wachovia shall have the option of proceeding with foreclosure instead. 14. Plaintiff United States of America and its servants,

agents, and employees and all other public entities, their servants, agents, and employees, are released from any and all liability arising out of or in any way connected with the posting, forfeiture, or sale of the defendant real property, whether by the Internal Revenue Service or by Wachovia exercising its rights to foreclose as set forth in Paragraphs 8 and 13. This is a full and final release applying to all unknown and unanticipated injuries, and/or damages arising out of said 6

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posting, forfeiture, or sale, as well as to those now known or disclosed. Code § 1542. 15. Claimant Vasquez has been in custody continuously since Consequently, claimant Vasquez has The parties waive the provisions of California Civil

his arrest on April 24, 2008.

not occupied the defendant real property nor has he had the ability to maintain the property since his arrest. Claimant

Vasquez represents that he has not given any person permission to reside on the defendant real property, and he, as the sole owner of the residence, is the only person authorized to reside therein. 16. Claimant shall make arrangements for the removal of all

personal possessions, and the personal possessions of any former occupant, including all vehicles, furniture, and trash, and will leave the property clean and in the same state of repair as the property was on the date it was posted. Any and all of

claimant's personal possessions, and the personal possessions of any former occupant, not removed within 72 hours after the entry of this Final Judgment of Forfeiture will be disposed of by the United States without further notice. 17. Pursuant to the stipulation of the parties, and

allegations set forth in the Verified Complaint for Forfeiture In Rem filed May 6, 2008, the Court finds that there was reasonable cause for the posting of the defendant real property, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 18. All parties are to bear their own costs and attorneys'

fees, except as provided for herein. 7

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19.

Pending the sale of the property, and the disposition

of the proceeds, the Court shall maintain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. SO ORDERED THIS 9th day of February, 2009.

CERTIFICATE OF REASONABLE CAUSE Pursuant to the Stipulation for Final Judgment of Forfeiture filed herein, and the allegations set forth in the Verified Complaint for Forfeiture In Rem filed May 6, 2008, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting of the defendant real property.

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