United States of America v. Real Property Located at 5322 Silouette Court, Elk Grove, California

Filing 32

FINAL JUDGMENT OF FORFEITURE signed by Judge Garland E. Burrell, Jr. on 5/25/2011. (Zignago, K.)

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BENJAMIN B. WAGNER
United States Attorney
KELLI L. TAYLOR
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,
v.
REAL PROPERTY LOCATED AT 5322
SILOUETTE COURT, ELK GROVE,
CALIFORNIA, SACRAMENTO COUNTY,
APN: 132-1650-051, INCLUDING
ALL APPURTENANCES AND
IMPROVEMENTS THERETO,

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Defendant.
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2:09-CV-00137 GEB-JFM
FINAL JUDGMENT
OF FORFEITURE

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

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property located at 5322 Silouette Court, Elk Grove, California,

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Sacramento County, APN: 132-1650-051 (hereafter “defendant real

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property”), and more fully described in Exhibit A, attached hereto

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and incorporated herein by reference.

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2.

A Verified Complaint for Forfeiture In Rem (hereafter

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“Complaint”) was filed on January 15, 2009, seeking the forfeiture

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of the defendant real property, alleging that said property is
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Final Judgment of Forfeiture

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subject to forfeiture to the United States of America pursuant to

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21 U.S.C. § 881(a)(7).

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3.

On February 3, 2009, the defendant real property was

posted with a copy of the Complaint and Notice of Complaint.
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Beginning on April 16, 2009, for at least 30 consecutive

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days, the United States published Notice of the Forfeiture Action

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on the official internet government forfeiture site

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www.forfeiture.gov.

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8, 2009.

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5.

A Declaration of Publication was filed on June

In addition to the Public Notice of Posting having been

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completed, the United States gave or attempted to give actual

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notice to the following individuals and entities:

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a.

Maggie Luong

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b.

CTX Mortgage Company, LLC

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c.

MERS

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d.

Chase Home Finance, LLC

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6.

Claimant Maggie Luong filed a verified statement of

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interest and answer alleging an interest in the defendant real

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property.

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Based on the above findings, and the files and records of the
Court, it is hereby ORDERED AND ADJUDGED:
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The Court adopts the Stipulation for Final Judgment of

Forfeiture entered into by and between the parties to this action.
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That judgment is hereby entered against claimant Maggie

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Luong and all other potential claimants who have not filed claims

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in this action.

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3.

Upon entry of this Final Judgment of Forfeiture, claimant

Luong agrees to pay to the United States the sum of $40,000.00 (the
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Final Judgment of Forfeiture

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“settlement amount”) as the substitute res in lieu of the defendant

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real property.

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payment due by the sentencing date in the parallel criminal case

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which is currently scheduled for May 13, 2011.

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settlement amount will be paid in $500.00 monthly payments due by

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the 5th of each month starting the month after Maggie Luong is

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sentenced.

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4.

The $40,000.00 shall be paid with a $2,500.00

The balance of the

Claimant Maggie Luong shall obtain a cashier’s check

for the $2,500.00 payment and for the $500.00 payments each month

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until the $40,000.00 has been paid in full, made payable to the

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U.S. Marshals Service and shall be sent to the U.S. Attorney’s

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Office, Attn: Asset Forfeiture Unit, 501 I Street, Suite 10-100,

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Sacramento, CA 95814.

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shall be substituted for the defendant real property and forfeited

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to the United States pursuant to 21 U.S.C. § 881(a)(7), to be

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disposed of according to law.

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5.

All right, title, and interest in said funds

If the $2,500.00 payment is not received by sentencing and

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any of the $500.00 payments are not received by the United States

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by the 5th of each month starting after Maggie Luong is sentenced

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until the $40,000.00 is paid in full, the U.S. Marshals Service

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shall be authorized to seize and sell the defendant real property

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located at 5322 Silouette Court, Elk Grove, California, Sacramento

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County, APN: 132-1650-051, in the most commercially feasible

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manner, as soon as reasonably possible, for the maximum price.

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United States shall receive through escrow the net proceeds up to

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the balance owing on the $40,000.00, less payments for costs of

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selling the property, legitimate liens, and taxes that exist on the

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defendant real property.

The

Maggie Luong shall receive all remaining
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Final Judgment of Forfeiture

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amounts after payment of costs of sale, legitimate liens, taxes,

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and repairs or costs incurred by the U.S. Marshals Service.

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Luong shall maintain the defendant real property in the same

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condition and repair as existed as of January 20, 2009, normal wear

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and tear excepted, until she has paid the settlement amount, or

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vacated the premises.

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6.

Maggie

Within thirty (30) days of full payment of the

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settlement amount, the United States shall record a withdrawal of

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lis pendens against the defendant real property.

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7.

That the United States and its servants, agents, and

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employees and all other public entities, their servants, agents,

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and employees, are released from any and all liability arising out

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of or in any way connected with the filing of the Complaint and the

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posting of the defendant real property with the Complaint and

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Notice of Complaint.

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all unknown and unanticipated injuries, and/or damages arising out

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of the filing of the Complaint and the posting of the defendant

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real property with the Complaint and Notice of Complaint, as well

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as to those now known or disclosed.

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provisions of California Civil Code § 1542.

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8.

This is a full and final release applying to

The parties waived the

There was reasonable cause for the posting of the

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defendant real property and the commencement and prosecution of

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this forfeiture action, and the Court may enter a Certificate of

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Reasonable Cause pursuant to 28 U.S.C. § 2465.

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9.

All parties are to bear their own costs and attorneys'

fees.
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The U.S. District Court for the Eastern District of

California, Hon. Garland E. Burrell, Jr., District Judge, shall
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Final Judgment of Forfeiture

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retain jurisdiction to enforce the terms of this Final Judgment of

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Forfeiture.

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SO ORDERED THIS

25th day of

May

, 2011.

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GARLAND E. BURRELL, JR.
United States District Judge

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CERTIFICATE OF REASONABLE CAUSE

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Based upon the allegations set forth in the Complaint filed

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January 15, 2009, and the Stipulation for Final Judgment of

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Forfeiture filed herein, the Court enters this Certificate of

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Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was

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reasonable cause for the posting of the defendant real property,

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and for the commencement and prosecution of this forfeiture action.

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Dated:

May 25, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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Final Judgment of Forfeiture

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Exhibit A
5322 Silouette, Elk Grove, CA

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Lot 51 as shown on the plat of “Gilliam Meadows Unit
2E, Subdivision No. 02-356.2E” recorded in Book 332
of Maps, Page 1, records of Sacramento County.

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“The property is also conveyed and accepted subject
to that certain Notice of Non-Adversarial Procedures
under Civil Code Section 912 (f) recorded in the
Official Records of Sacramento County, on recorded concurrent
herewith, as Instrument No., in Book ,
Page , and any amendments thereto now of record or
which will be of record prior to the recordation of
this Grant Deed, (collectively “the Notice”), all of
which are incorporated herein by reference with the
same effect as though fully set forth herein.”

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APN: 132-1650-051
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Final Judgment of Forfeiture