United States of America v. Caraway et al

Filing 91

JUDGMENT ESTABLISHING PRIORITY OF LIENS OF FREMONT BANK'S DEEDS OF TRUST. Signed by Judge Maxine M. Chesney on November 16, 2011. (mmclc2, COURT STAFF) (Filed on 11/16/2011)

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TERRANCE L. STINNETT, ESQ. CA Bar #46010
2 39150 Fremont Blvd, 3rd Floor
Fremont, CA 94538
3 Telephone: [phone]
Facsimile: [phone]
4 E-mail: [e-mail]
5 Attorneys for Defendant Fremont Bank
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA,

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Plaintiff,

[Proposed] JUDGMENT ESTABLISHING
PRIORITY OF LIENS OF FREMONT
BANK’S DEEDS OF TRUST

v.
DOUGLAS R. CARAWAY et al.
Defendants.

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Case No. C 08 4371 MMC

The Motion For Summary judgment filed September 12, 2011 by Defendant Fremont Bank

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having come before the Court and no opposition to said motion having been filed; and
IT APPEARING, AND THE COURT FINDS, AS FOLLOWS:
1.

The lien of Fremont Bank’s Deed of Trust recorded with the County Recorder of San

20 Mateo County on January 15, 1992 under Recorder’s Serial No. 92005345, and the lien of Fremont
21 Bank’s Deed of Trust recorded with the County Recorder of San Mateo County on January 15, 1992
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under Recorder’s Serial No. 92005346, were each recorded as liens against the real property

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commonly known as 743 Neal Avenue, San Carlos, CA 94070-4421 (the “Property”) owned by
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Defendant Douglas R. Caraway prior to the recordation of (i) the tax liens recorded against the

26 Property by the United States of America and (ii) the liens recorded against the Property by the other
27 defendants herein; and
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2.

Upon the sale of the real property commonly known as 743 Neal Avenue, San Carlos,
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CA 94070-4421 the liens of Fremont Bank’s First Deed of Trust and its Second Deed of Trust have

2 priority over (i) the tax liens recorded against the Property by the United States of America and (ii)
3 the liens recorded against the Property by the other defendants herein; and
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3.

The liens of Fremont Bank’s First Deed of Trust and its Second Deed of Trust are

entitled to be paid from the first proceeds of the sale of the Property prior to the payment of either (i)
the tax liens recorded by the United States of America or (ii) the liens recorded by the other

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defendants herein.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as

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1.

Fremont Bank’s Motion For Summary Judgment is hereby granted in its entirety.

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2.

Upon a sale of the Property pursuant to an order of this Court, and the entry of any

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order by this Court confirming the sale of said Property, the lien of Fremont Bank’s Deed of Trust
recorded with the County Recorder of San Mateo County on January 15, 1992 under Recorder’s

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Serial No. 92005345, and the lien of Fremont Bank’s Deed of Trust recorded with the County

17 Recorder of San Mateo County on January 15, 1992 under Recorder’s Serial No. 92005346, shall be
18 paid first from the proceeds from the sale of the Property prior to the payment of the following liens
19 against the Property, to wit: (i) the lien of a deed of trust in favor of Lorraine K. Caraway recorded
20 on December 31, 1993, (ii) the lien of a deed of trust in favor of C. Thomas Biscardi recorded on
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October 18, 2000, (iii) the lien of an abstract of judgment in favor of CBA Collection Bureau of

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America, Ltd., recorded on August 10, 2006, (iv) the lien of a federal tax lien in favor of the United
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States of America recorded on February 14, 2007, (v) the lien of an abstract of judgment in favor of

25 Amanda & Fred Hummel recorded on March 27, 2007, (vi) the lien of an abstract
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of judgment in favor of Fred A. Hummel recorded on March 27, 2007, and (vii) the lien of a federal

2 tax lien in favor of the United States of America recorded on May 7, 2008.
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DATED this __16___ day of _November_ 2011
BY THE COURT

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________________________
MAXINE M. CHESNEY
United States District Judge

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