Mortgage Electronic Registration Systems, Inc. v. Wharton et al

Filing 31

STIPULATION AS TO EQUITABLE SUBROGATION OF THE INTERESTS OF THE UNITED STATES AND ORDER OF DISMISSAL OF ACTION AGAINST THE UNITED STATES re 30 . Signed by Judge Jeremy Fogel on 8/13/09. (dlm, COURT STAFF) (Filed on 8/17/2009)

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Jeffrey H. Lowenthal (State Bar No. 111763) Lucas E. Gilmore (State Bar No.250893) STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP One California Street, Third Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc., a Delaware corporation

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff, v. THERESA G. WHARTON, et al., Defendant. ) CASE NO. 08-05152-JF ) ) STIPULATION AS TO EQUITABLE ) SUBROGATION OF THE INTERESTS ) OF THE UNITED STATES AND ---------------) PROPOSED ORDER OF DISMISSAL ) OF ACTION AS AGAINST THE ) THE UNITED STATES ) ) )

It is hereby stipulated by and between plaintiff Mortgage Electronic Registration Systems, Inc. ("MERS") and defendant the United States of America (the "United States"), by and through their respective counsel, as follows: 1. That pursuant to the doctrine of equitable subrogation, plaintiff MERS' interest in

the real property commonly known as 645 Buena Vista Avenue, Gilroy, California and legally described in Exhibit 1 attached hereto (the "Subject Property") in the amount of $180,766.41 is prior and superior to the interests of defendant United States. 2. Based on the foregoing, defendant United States subordinates its interest to

plaintiff MERS' interest in the Subject Property in the amount set out above and the action is
Stipulation & Proposed Order 08-cv-05152-JF

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dismissed as against defendant United States, with each party to bear its own costs and attorneys' fees. JOSEPH P. RUSSONIELLO United States Attorney

Dated:

August 11, 2009

/s/ Blake D. Stamm BLAKE D. STAMM Assistant United States Attorney Tax Division

Dated: August 12, 2009

STEYER LOWENTHAL BOODROOKAS ALVAREZ & SMITH LLP By: /s/ Lucas E. Gilmore Jeffrey H. Lowenthal Lucas E. Gilmore Attorneys for Plaintiff Mortgage Electronic Registration Systems, Inc., a Delaware corporation

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: 8/13/09

THE HONORABLE JEREMY FOGEL United States District Court Judge

Stipulation & Proposed Order 08-cv-05152-JF

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