Opinion
2:22-CV-00115-RSL
01-06-2023
TYLER CARR, an individual, Plaintiff, v. TAYLOR NOREN, an individual, WELLS FARGO BANK, N.A., AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2006-10, a Delaware corporation, and the UNITED STATES OF AMERICA, Defendants. UNITED STATES OF AMERICA, Counter- and Cross Claim Plaintiff, v. TYLER CARR, an individual, TAYLOR NOREN, an individual, WELLS FARGO BANK, N.A., AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2006-10, a Delaware corporation, Counter- and Cross Claim Defendants, and NWBF, LLC, a Washington limited liability company formerly known as Isola Financial LLC and also doing business as Northwest Builders Finance, STATE OF WASHINGTON DEPARTMENT OF SOCIAL & HEALTH SERVICES DIVISION OF CHILD SUPPORT, and DAVID STRAUS, an individual, Additional Cross Claim Defendants.
ORDER AUTHORIZING SALE OF 3635 23RD AVENUE WEST
ROBERT S. LASNIK, UNITED STATES DISTRICT JUDGE.
The United States of America has moved for a court order authorizing the sale of the parcel of real property at issue in this action located at 3635 23rd Avenue West, Seattle, Washington 98199 (“Subject Property”), and legally described as:
Lot 19, Block 3, Gilman's Addition to the City of Seattle,
according to the plat thereof recorded in Volume 5 of Plats, Page
93, records of King County, Washington.
Tax Parcel No. 277060-0390-09See Dkt. no. 16.
Based on the United States' motion and 26 U.S.C. §§7402(a) and 7403(c), it is hereby ORDERED that:
1. The sale of the Subject Property for the purchase price of $705,000 to Michael and Andrea Connell is authorized. Upon receipt of the full purchase price, the Receiver is directed to execute the attached Receiver's Deed transferring title of the Subject Property to Mr. and Mrs. Connell.
2. The sale shall be free and clear of any existing rights, titles, claims, liens, or interest of the Receiver or any other parties to this action to wit:
a. Tyler Carr,
b. Taylor Noren,
c. Wells Fargo Bank, N.A., as Trustee for Harborview Mortgage Loan Trust 2006-10,
d. GreenPoint Mortgage Funding, Inc.
e. NWBF, LLC,
f. State of Washington Department of Social & Health Services Division of Child Support,
g. David Straus, and h. The United States' federal tax liens as described in the Complaint.
3. Consistent with this Court's Order Appointing a Receiver (Dkt. no. 48), at closing, the Receiver shall be compensated 5% of the gross purchase price and shall be reimbursed from the proceeds of the sale for the reasonable and necessary costs of the sale incurred.
4. Once the reasonable and necessary costs of sale as detailed in the Receiver's Declaration are deducted, $441,601.26 will be paid to the Trust, as the first position lienholder regarding the Subject Property.
5. The remaining funds will be paid into the Court's registry.
6. The Receiver is authorized to sign all the necessary documents and make all the distributions consistent with this Order.
7. In the event Mr. and Mrs. Connell fail to pay over the full purchase price for the Subject Property within thirty (30) days of this order, they will forfeit any initial deposit made, and the Receiver may continue to market the Subject Property to other prospective buyers consistent with the terms in the Order Appointing a Receiver.
RECEIVER'S DEED
WHEREAS, the United States District Court for the Western District of Washington, in civil action titled Tyler Carr v. Taylor Noren, et al., Case No. 2:22-cv-001115-RSL, appointed Steve S. Snider LLC. a Washington limited liability company, as Receiver to arrange for the sale of real property identified as the Subject Property and located at 3635 23rd Avenue West, Seattle, Washington 98199, bearing Tax Parcel No. 277060-0390-09, and described more particularly as follows:
Lot 19, Block 3, Gilman's Addition to the City of Seattle,
according to the plat thereof recorded in Volume 5 of Plats, Page
93, records of King County, Washington.
WHEREAS, the Court having entered an order authorizing the sale of the real property to Michael and Andrea Connell, approving this form of deed, and authorizing Receiver Steve S. Snider LLC to convey the real property to the purchaser upon receipt of the purchase price of $705,000.
NOW KNOW YE, THAT Receiver Steve S. Snider LLC, pursuant to the authority and direction given to him under the Order Authorizing Sale of 3635 23rd Avenue West entered on __________, does hereby bargain, sell, transfer, and convey all of the rights, titles, claims, and interest in the above-described real property, to have and to hold, with appurtenances thereto, to Michael and Andrea Connell and their heirs and assigns, forever, for their own use and disposition.
Said premises are conveyed to Michael and Andrea Connell free and clear of all existing rights, titles, claims and interest of Taylor Noren; Tyler Carr; Wells Fargo Bank, N.A., as Trustee for Harborview Mortgage Loan Trust 2006-10; NWBF, LLC; GreenPoint Mortgage Funding Inc.; State of Washington Department of Social & Health Services Division of Child Support; David Straus; and the United States' federal tax liens, and any successors in interest or transferees of those parties, and subject to any sums which may be due for municipal property, water, or sewer taxes, or any special use charges or assessments, and subject to all laws, ordinances, and governmental regulations affecting said premises, and any easements and restrictions appearing of record, if any.
I have hereunto set my hand and seal, this ____ day of _____, 20 ___
Steve S. Snider, Member of Steve S. Snider, LLC, Court-Appointed Receiver, License # 93853
Steve S. Snider, LLC
STATE OF WASHINGTON, COUNTY OF _____
I certify that I know or have satisfactory evidence that Steve S Snider (name of person) is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the member of Steve S. Snider, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
NOTARY PUBLIC
Return to: Michael and Andrea Connell
Document prepared by: M. BLAIR HLINKA
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044
Tel.: 202-307-6483
Fax: 202-307-0054
m.blair.hlinka@usdoj.gov
westem.taxcivil@usdoj.gov