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.
JUDGMENT TO DISBURSE INTERPLEADED FUNDS
JAMES V. SELNA, District Judge.
Pursuant to the Court's Order granting the Stipulation to Disburse Interpleaded Funds, and all evidence properly on the record,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Robert O. Carter possesses no valid interest in the surplus funds of $229, 708.29 from the judicial foreclosure sale on July 24, 2104, of the real property located at 841 Greenway Terrace, La Habra, California.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that order of priority to the surplus funds is as follows:
Balance as of Party Priority Date August 24, 2015 Beneficial Financial I, Inc. 4/25/2000 $77, 803.02 United States 11/10/2003 $1, 648.37 United States 10/27/2003 $28, 806.38 FTB 4/23/2004 $6, 349.88 United States 6/14/2004 $868.79 United States 6/14/2004 $1, 760.39 FTB 4/29/2005 $4, 969.28 FTB 8/29/2005 $279.47 United States 10/17/2005 $24, 715.64 FTB 6/30/2006 $8, 074.79 FTB 6/16/2007 $1, 955.02 United States 3/24/2008 $20, 465.75 United States 3/24/2008 $7, 128.24 FTB 6/20/2008 $17, 010.83 United States 11/17/2008 $24, 766.42 TOTAL $226, 602.89
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Orange County Superior Court Clerk is ordered to distribute the $226, 602.89 of interpleaded Surplus Funds from case number 30-2015-00767905-CU-PT-CJC as follows:
Party Check Payee Amount Address Beneficial Beneficial Financial $77, 803.02 Hydee J. Mulichak, Esq. Financial I, I, Inc. Malcom & Cisneros Inc. 2112 Business Center Drive, 2nd Fl. Irvine, CA 92612 United States United States of $110, 160.60 AUSA Charles Parker America 300 N. Los Angeles St. Suite 7211 Los Angeles, CA 90012
California California Franchise $38, 639.27 FRANCHISE TAX BOARD FTB Tax Board c/o Donny P. Le P.O. Box 1720, MS: A-260 Rancho Cordova, CA 95741-1720
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Old Republic Default Management Services, pursuant to California Civil Code section 2924k(a)(1), is entitled to $2, 670.40 trustee's fees and the $435.00 filing fee, which Old Republic Default Management Services retained prior to depositing the surplus funds with the Superior Court. Fees paid to Old Republic Default Management Services 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 Old Republic Default Management Services.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, except for the payments to Old Republic Default Management Services and Beneficial Inc. 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 and/or the 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 made by the IRS or FTB.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, all parties herein are discharged of all liability with respect to the surplus funds as to Robert O. Carter.
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.