Penso Trust Company Custodian v. Del Fierro et al

Filing 18

STIPULATION AND ORDER FORECLOSING INTEREST AND DISMISSAL OF THE UNITED STATES INTERNAL REVENUE SERVICE by Judge Ricardo S Martinez. (PM)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF
WASHINGTON AT SEATTLE

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PENSO TRUST COMPANY CUSTODIAN FBO
JEFFREY D. HERMANN, IRA ACCOUNT
NUMBER 20005343,
Plaintiff,

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Case No. 2:16-cv-01926-RSM

v.
LORINA DEL FIERRO; FIA CARD SERVICES.
INC.; UNITED STATES OF AMERICA,
INTERNAL REVENUE SERVICE; AND PERSONS
OR PARTIES UNKNOWN CLAIMING ANY
RIGHT, TITLE, LIEN, OR INTEREST IN THE
PROPERTY DESCRIBED IN THE COMPLAINT,

STIPULATION AND ORDER
FORECLOSING INTEREST AND
DISMISSAL OF THE UNITED
STATES INTERNAL REVENUE
SERVICE

Defendants.

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Penso Trust Company Custodian FBO Jeffrey D. Hermann, IRA Account Number
20005343 (“Plaintiff”), by and through its attorney Kimberly Hood of Robinson Tait, P.S. and
the Defendant the United States of America, on behalf of the United States Internal Revenue
Service (“IRS”), by and through its attorneys Annette L. Hayes, United States Attorney for the
Western District of Washington and Kerry J. Keefe, Assistant United States Attorney for said

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District, hereby present this Stipulation and Order regarding the dismissal of the IRS in the real
property described in Plaintiff’s Complaint.

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STIPULATION AND ORDER FORECLOSING
INTEREST AND DISMISSAL OF THE U.S. IRS – 1
(2:16-cv-01926-RSM)

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]

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STIPULATION

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Plaintiff and Defendant, IRS, stipulate and agree as follows:
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(a)

That Plaintiff, pursuant to the Complaint, holds an interest superior to that of the

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IRS in the subject property commonly known as 4009 Southwest 323rd Street, Federal Way,

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WA 98023, and legally described as follows:

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LOT 83, TWIN LAKES NO. 4, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 91 OF PLATS, PAGES 44 THROUGH 46. RECORDS OF
KING COUNTY, WASHINGTON.
Assessor’s Parcel Number: 8731960830

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Hereinafter referred to as the “Subject Property.”
(b)

That Plaintiff claims an interest in the Subject Property pursuant to the

Assignment of Deed of Trust re-recorded on January 22, 2015 under King County Auditor’s
File No. 20150122001671; See Exhibit G to Complaint; and

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(c)

That the United States Internal Revenue Service recorded a Notice of Federal

Tax Lien that attached to the Subject Property with the King County Auditor’s Office on May
10, 2013, (Auditor’s File No. 20130510001639); and
(d)

That the parties agree the interest of the IRS in the Subject Property is a valid

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and subordinate interest to that of the Plaintiff’s interest and that the interest of the IRS may be

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foreclosed upon in this action; and

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(e)

That Plaintiff will not obtain a money judgment against Defendant IRS; and

(f)

That Defendant IRS shall retain (1) its rights of redemption, if any; (2) the right

to make claims upon any surplus proceeds with regard to its interest under the federal tax lien
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recorded with the King County Auditor’s Office on May 10, 2013, (Auditor’s File No.

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20130510001639); and (3) its right to the monies directly relating to the homestead exemption,

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if this exemption is applicable; and

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(g)

That the Final Judgment and Decree of Foreclosure shall foreclose this interest

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of the United States in the Subject Property and will provide that Defendant IRS shall (1) retain

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any rights of redemption pursuant to 26 U.S.C. § 6323(a) and 28 U.S.C. § 2410 (c), that it may

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have; (2) retain its right to make claims upon any surplus proceeds; and (3) retain its right to the
monies directly relating to the homestead exemption, if this exemption is applicable; and

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STIPULATION AND ORDER FORECLOSING
INTEREST AND DISMISSAL OF THE U.S. IRS – 2
(2:16-cv-01926-RSM)

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]

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(h)

That this Stipulation will only be effective if the Subject Property is foreclosed

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upon by Final Judgment and Decree of Foreclosure in this action. If the Subject Property is not

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foreclosed upon, this Stipulation will have no legal or equitable effect; and
(i)

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That proceeds from any sheriff’s sale of the Subject Property shall first be

applied to the costs of the sale, then toward the satisfaction of Plaintiff’s judgment herein and
its attorneys’ fees and cost. Any surplus funds that may remain are to be paid into the Court’s

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Registry to be disbursed to whoever may be lawfully entitled, including the United States,
according to the relative priority of the junior lienholders; and

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(j)

That Defendant IRS shall be dismissed from further participation in this action;

(k)

That the Plaintiff shall provide to the United States the following: (1) Copy of

and

the title report; (2) A copy of the Final Judgment and Decree of Foreclosure; (3) Notice of the
date of any sale of said Subject Property; (4) Copy of the Notice of Sheriff’s Sale; (5) Notice of
the sale results, including the purchase price and the purchaser’s name and address; and (6)

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Notice relating to the existence of Surplus Proceeds, by mailing each such document to (1) U.S.
Attorney’s Office, Attn: Kerry J. Keefe, 700 Stewart Street, Suite 5220, Seattle, WA 98101;

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and to (2) Internal Revenue Service, Attn: Jamie Bent, Advisory Group Manager, 915 Second

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Avenue, MS W-245, Seattle, WA 98174.

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(l)

That the parties hereby acknowledge and agree that each side shall pay their

own fees and costs associated with this action.
ROBINSON TAIT, P.S.

ANNETTE L. HAYES
United States Attorney

By: s/ Craig Peterson
Craig Peterson, WSBA #15935
Attorney for Plaintiff

By: s/ Kerry Keefe_____________
KERRY J. KEEFE, WSBA #17204
Assistant United States Attorney
Attorney for the Internal Revenue Service

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STIPULATION AND ORDER FORECLOSING
INTEREST AND DISMISSAL OF THE U.S. IRS – 3
(2:16-cv-01926-RSM)

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]

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ORDER REGARDING FORECLOSING INTEREST OF THE
U.S. DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE
Based upon the foregoing Stipulation between Penso Trust Company Custodian FBO
Jeffrey D. Hermann, IRA Account Number 20005343 by and through its attorney of record,

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Kimberly Hood, and Defendant United States of America, Internal Revenue Service (“IRS”),

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by and through its attorney of record, Kerry J. Keefe, Assistant United States Attorney, and the

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Court having been fully advised,

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IT IS ORDERED that the Final Judgment and Decree of Foreclosure, to be entered
later, shall reflect (1) that the interest, if any, of the United States Internal Revenue Service, in
the Subject Property described in Paragraph (a) of the foregoing Stipulation, shall be
foreclosed; (2) that the IRS shall retain any rights of redemption, pursuant to 26 U.S.C.

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§ 6323(a) and 28 U.S.C. § 2410 (c), that it may have; (3) that the IRS shall retain its rights to

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make claims upon any surplus proceeds; (4) that the IRS shall retain its right to the monies

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directly relating to the homestead exemption, if this exemption is applicable; and (5) that the

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IRS shall be dismissed from this action.

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DATED this 17th day of February 2017.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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Presented by:

Agreed, Notice of Presentation Waived:

ROBINSON TAIT, P.S.

ANNETTE L. HAYES
U.S. ATTORNEY

By: _s/ Craig Peterson____________
Craig Peterson, WSBA #15935
901 Fifth Avenue, Suite 400
Seattle, WA 98164
Phone: [phone]

By: s/Kerry Keefe______________
KERRY J. KEEFE, WSBA #17204
Assistant United States Attorney
700 Stewart Street, Suite 5220
Seattle, WA 98101
Phone: [phone]
Fax: [phone]

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STIPULATION AND ORDER FORECLOSING
INTEREST AND DISMISSAL OF THE U.S. IRS – 4
(2:16-cv-01926-RSM)

UNITED STATES ATTORNEY’S OFFICE
700 STEWART STREET, SUITE 5220
SEATTLE, WA 98101
PHONE: [phone]