United States v. Kim et al

Filing 49

ORDER CONFIRMING JUDICAL SALE OF 5533 PALMDALE WAY signed by District Judge Kimberly J. Mueller on 09/26/16 per 44 Motion to Enforce Judgment ORDERING that the sale on 07/15/16, of the Property was properly conducted and the sale to purchaser Jama l Majidi ("Purchaser") is CONFIRMED. The IRS is authorized toexecute and deliver to the Purchaser a Certificate of Sale and Deed conveying the Property to them or their assignee. The Clerk shall disburse to the U.S. a check in the amount of $1,511.35, made payable to the "Internal Revenue Service". The Clerk shall retain in the Registry the balance of the deposited sale proceeds until further order of the Court (cc: Financial). (Benson, A)

1
2
3

UNITED STATES DISTRICT COURT

4

EASTERN DISTRICT OF CALIFORNIA

5
6

UNITED STATES OF AMERICA,
Plaintiff,

7
8
9

Case No. 2:14-cv-02207 KJM-CKD
ORDER CONFIRMING JUDICIAL SALE
OF 5533 PALMDALE WAY

v.
UN SIK KIM; DOO SUN KIM, et al.

10
Defendants.
11
12
13
14
15

The United States moves to confirm the sale of a property to pay part of a federal
tax judgment. The subject property is located at 5533 Palmdale Way, Sacramento, (the
“Property”) and is more particularly described as follows:

16
17
18
19

LOT 17, AS SHOWN ON THE "PLAT OF THE PALMDALE SUBDIVISION",
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
SACRAMENTO COUNTY, ON APRIL 20, 1959, IN BOOK 53 OF MAPS,
MAP NO. 22.

20

The Court finds that the sale of the Property was conducted by the United States

21

in compliance with 28 U.S.C. §§ 2001-2002, and that payment was made and accepted

22

in compliance with the terms of the Court’s Order of Judicial Sale. (ECF 30).

23
Accordingly, the motion is GRANTED, and,
24
25
26

IT IS ORDERED THAT the sale on July 15, 2016, of the Property was properly
conducted. The sale to purchaser Jamal Majidi (“Purchaser”) is hereby confirmed.

27
28
1

14237123.1

1
2
3

IT IS FURTHER ORDERED THAT the Internal Revenue Service is authorized to
execute and deliver to the Purchaser a Certificate of Sale and Deed conveying the
Property to them or their assignee.

4
IT IS FURTHER ORDERED THAT, on delivery of the Certificate of Sale and
5
6

Deed, all interests in, liens against, or claims to the Property that are held or asserted in

7

this action by the plaintiff or any of the defendants, or any successor-in-interest to any

8

defendant, are discharged. On delivery of the Certificate of Sale and Deed, the Property

9

shall be free and clear of the interests of the following defendants: Un Sik Kim, Doo Sun

10
11

Kim; Sacramento Leasing Inc.; Young Kim Oh; Sung Park; Dae W. Pak; Hayne Kim;
Wilmington Trust National Association as Trustee for MFRA Trust 2015-1; and Capital

12
13
14
15

One Financial Corporation. The Purchaser takes the property free and clear of any
claim by a successor-in-interest to any of the listed defendants.
IT IS FURTHER ORDERED THAT possession of the property sold shall be

16

yielded to the Purchaser upon the production of a copy of the Certificate of Sale and

17

Deed; and if there is a refusal to so yield, a Writ of Assistance may, without further

18

notice, be issued by the Clerk of this Court to compel delivery of the property to the

19
Purchaser.
20
21

IT IS FURTHER ORDERED THAT the Clerk shall disburse to the United States,

22

for expenses of sale, a check in the amount of $1,511.35, made payable to the “Internal

23

Revenue Service,” and sent to

24
25
26

Internal Revenue Service,
Attn: Hallie Lipscomb, PALS,
SA-5209,4330 Watt Avenue,
Sacramento, CA 95660

27
28
2

2:14-cv-02207 KJM-CKD

14237123.1

1
2
3

IT IS FURTHER ORDERED THAT the Clerk shall retain in the Registry the
balance of the deposited sale proceeds until further order of the Court.
IT IS SO ORDERED.

4
5

Dated: September 26, 2016

6
7
UNITED STATES DISTRICT JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

2:14-cv-02207 KJM-CKD

14237123.1