Opinion
EILEEN M. DECKER, United States Attorney, SANDRA R. BROWN, Assistant United States Attorney, Chief, Tax Division, CHARLES PARKER, Assistant United States Attorney, Los Angeles, California, Attorneys for Respondent the United States.
SECOND AMENDED JUDGMENT TO DISBURSE INTERPLEADED FUNDS
ANDREW J. GUILFORD, District Judge.
Pursuant to the Court's Order granting the Stipulation to Disburse Interpleaded Funds, the Notice of [Proposed] Second Amended Judgment to Disburse Interpleaded Funds, and all evidence properly on the record:
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Victor Wolf and Tammye Wolf possess no interest in the surplus funds of $66, 377.36 from the judicial foreclosure sale that occurred on December 29, 2014, of the real property located at 9151 Shelley Drive, Garden Grove, California.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that order of priority to the surplus funds is as follows:
Party Priority Dates PNC Bank 4/25/2000 California FTB 6/22/2010 & 6/28/2010 United States 8/2/2010
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Orange County Superior Court Clerk is ordered to distribute the $63, 030.35 of interpleaded Surplus Funds from case number 30-2015-00789247-CU-PT-CJC as follows:
Party Check Payee Amount Address PNC Bank PNC Bank, N.A. $5, 451.07 Jason A. Savlov, Esq. RCO Legal, P.S. 2121 Alton Parkway, Suite 110 Irvine, CA 92606 California California Franchise $33, 943.90 FRANCHISE TAX BOARD FTB Tax Board c/o Donny P. Le P.O. Box 1720, MS: A-260 Rancho Cordova, CA 95741-1720 United States United States of $23, 635.38 AUSA Charles Parker America 300 N. Los Angeles St. Suite 7211 Los Angeles, CA 90012
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Clear Recon Corp., pursuant to California Civil Code section 2924k(a)(1), is entitled to $2, 912.01 trustee's fees and the $435.00 filing fee, which Clear Recon Corp. retained prior to depositing the surplus funds with the Superior Court. Fees paid to Clear Recon Corp. pursuant to Section 2924k(a)(1) shall not decrease the amount of Surplus Funds paid to the United States. No further sums shall be paid to Clear Recon Corp.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, except for the payments to Clear Recon Corp. described above, the parties will each bear their own costs and attorney's fees.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that nothing in this order waives or limits the IRS's or the California FTB's right to collect any tax liabilities that were not satisfied through payment of the surplus funds, including assessments discussed herein, and any other assessments not discussed herein.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court will retain jurisdiction to ensure the surplus funds are properly distributed by the Clerk of the California Superior Court, County of Orange.