United States of America v. Caraway et al

Filing 264

ORDER DETERMINING MERITS OF ALL CLAIMS TO AND LIENS UPON SUBJECT PROPERTY. Signed by Judge Maxine M. Chesney on 05/22/17. (mmclc2, COURT STAFF) (Filed on 5/22/2017)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 UNITED STATES OF AMERICA, Plaintiff, 8 9 10 United States District Court Northern District of California 11 v. Case No. 08-cv-04371-MMC ORDER DETERMINING MERITS OF ALL CLAIMS TO AND LIENS UPON SUBJECT PROPERTY DOUGLAS R. CARAWAY, et al., Defendants. 12 13 The real property located at 734 Neal Avenue, San Carlos, CA (the “Subject 14 Property”) having been sold at private sale (see Dkts Nos. 254, 257), the Court hereby 15 determines the merits of all claims to and liens upon the Subject Property as follows: 16 1. Plaintiff United States of America is entitled to payment for federal taxes owed 17 as follows: (1) for tax years 1999 through 2004, a total sum of $201,874.86; and (2) for 18 tax years 1995 and 1998, a total sum of $22,849.29. (See Dkt Nos. 224, 254.) 19 20 21 2. Defendant Fremont Bank is entitled to payment of a total sum of $161,177.72 in relation to two Deeds of Trust recorded on January 15, 1992. (See Dkt Nos. 82, 254.) 3. Defendant State of California Franchise Tax Board is entitled to payment of a 22 total sum of $74,237.98 for California income taxes owed for tax years 1995, 1996, 1997, 23 1999, 2000, 2001, 2002, and 2003. (See Dkt. Nos. 180-2, 254.) 24 4. Defendant State of California Employment Development Department is entitled 25 to payment of a total sum of $79,124.31 for California employment taxes owed for the 26 period from July 1, 1992 through December 31, 1995. (See Dkt Nos. 180-1, 254.) 27 28 5. Defendant Chester J. Gilbert is entitled to payment of a total sum of $58,932.14 in relation to a judgment recorded on December 19, 2000, and has disclaimed any right, 1 title, claim, lien, or other interest in the Subject Property in relation to having been 2 assigned a Deed of Trust recorded on October 18, 1998. (See Dkt. Nos. 155, 245-3, 3 254.) 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6. Defendant Patrick R. Giles is entitled to payment of a total sum of $30,405.39 in relation to a judgment recorded on December 29, 2011. (See Dkt. Nos. 212, 254.) 7. Non-party County of San Mateo is entitled to payment of a total sum of $4218.67 for owed taxes. (See Dkt. No. 254.) 8. Non-party First American Title Company is entitled to payment of a total sum of $150 for notary and signing fees. (See id.) 9. Non-party Keller Williams is entitled to payment of a total sum of $36,570 as a commission. (See id.) 10. Non-party Dwell Realtors, Inc. is entitled to payment of a total sum of $30,475 as a commission. (See id.) 11. Non-party Internal Revenue Service is entitled to payment of a total sum of $41,674.53 for federal taxes owed for tax years 2005-2011. (See id.) 12. Non-party William E. Taggart is entitled to payment of a total sum of $154,44.76 in relation to a judgment recorded on December 14, 2016. (See id.) 13. Non-party Karen Hawkins is entitled to payment of a total sum of $3296.92 in relation to a judgment recorded on December 14, 2016. (See id.) 14. Non-party Deckard Law Firm is entitled to payment of a total sum of $71,377.38 in relation to a Deed of Trust recorded on January 13, 2017. (See id.) 15. Non-party Goodman Law Corporation is entitled to a payment of a total sum of $18,992. (See id.) 16. Defendant Douglas R. Caraway is entitled to any remaining proceeds from the sale of the Subject Property. (See id.) 17. Defendant San Joaquin County District Attorney’s Office, Family Support 27 Division has disclaimed any and all right, title, claim, lien, or other interest in the Subject 28 Property. (See Dkt. No. 5.) 2 18. Defendant John Eggli has disclaimed any and all right, title, claim, lien, or other 1 2 interest in the Subject Property. (See Dkt. No. 6.) 3 19. Defendant Collection Bureau of America, erroneously sued as Collection 4 Bureau of California, has disclaimed any and all right, title, claim, lien, or other interest in 5 the Subject Property. (See Dkt. No. 102.) 20. Defendant C. Thomas Biscardi has disclaimed any and all right, title, claim, 6 7 lien, or other interest in the Subject Property. (See Dkt. No. 7.) 21. Defendant Collectronics, Inc. has no right, title, claim, lien, or other interest in 8 9 the Subject Property, as any judgment lien it may have had against the Subject Property is no longer valid. (See Dkt Nos. 15, 254); see also Cal. Code Civ. Proc. § 697.310(b) 11 United States District Court Northern District of California 10 (providing judgment lien “continues until 10 years from the date of entry of the 12 judgment”). 22. Defendant Amanda Hummel has no right, title, claim, lien, or other interest in 13 14 the Subject Property, default judgment having been entered against said defendant. 15 (See Dkt. Nos. 256, 262.) 16 23. Defendant Fred Hummel has no right, title, claim, lien, or other interest in the 17 Subject Property, default judgment having been entered against said defendant. (See 18 Dkt. Nos. 256, 262.) 24. Defendant Florence Linor Rege has no right, title, claim, lien, or other interest 19 20 in the Subject Property, default judgment having been entered against said defendant. 21 (See Dkt. Nos. 256, 262.) 25. Defendant Stephen Caraway has no right, title, claim, lien, or other interest in 22 23 the Subject Property, any such interest having passed to defendant Douglas R. Caraway 24 upon the death of defendants Stephen Caraway and Lorraine Caraway. (See Dkt No. 25 252.) 26 26. Defendants Estate of Lorraine K. Caraway and Unknown Heirs of Lorraine K. 27 Caraway have no right, title, claim, lien, or other interest in the Subject Property, any 28 such interest having passed to defendant Douglas R. Caraway upon the death of 3 1 defendants Lorraine Caraway and Stephen Caraway. (See Dkt No. 252.) 2 3 IT IS SO ORDERED. 4 5 Dated: May 22, 2017 MAXINE M. CHESNEY United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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