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U.S. v. ONE RESIDENTIAL PROPERTY LOCATED

United States District Court, S.D. California


November 9, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
ONE RESIDENTIAL PROPERTY LOCATED, AT 456 E. EL NORTE PARKWAY, ESOONDIDO, CALIFORNIA, AND ALL IMPROVEMENTS AND APPURTENANCES AFFIXED THERETO, Defendant.

The opinion of the court was delivered by: MARILYN HUFF, District Judge

STIPULATED JUDGMENT OF FORFEITURE; ORDER THEREON

The United States of America, by and through its attorneys, Carol C. Lam, United States Attorney, and Garry G. Haehnle, Special Assistant U.S. Attorney, and the claimant, Martha Rivera, and her attorney of record, Merle N. Schneidewind, stipulate to settlement as follows:

  1. The above-captioned defendant property, 456 E. El Norte Parkway, Escondido, California, which is legally described as follows: That portion of lot 4 of Hillsdale Terrace unit No. 1, in the city of Escondido, County of San Diego, State of California, according to map thereof No. 2607, filed in the office of the county recorder of San Diego County, December 21, 1949, lying southeasterly of a line described as follows: Beginning at the midpoint in the southwesterly line of said lot 4; thence north 69 degrees 41' east parallel with the northwesterly line of said lot, 128.0 feet to the northeasterly line of said lot. San Diego County Assessor's Parcel Number 227-040-32-00.

  2. The defendant real property is being marketed and sold pursuant to the stipulation and order therein for interlocutory sale filed October 12, 2005.

  3. The net proceeds of the sale of the defendant property shall include all money realized from the sale of the defendant property except for the following:

  a. The amount due on promissory notes secured by deeds of trust which facilitated the purchase of the property by claimant;

  b. The amount due claimant Miguel Rivera as a stipulated innocent owner;

  b. Real estate property taxes and assessments;

  c. Insurance costs;

  d. Real estate commissions, if any;

  e. Escrow fees, document fees and transfer tax;

  f. Document recording fees not paid by the buyer;

  g. Any and all costs incurred by the United States Marshals Service and the Drug Enforcement Administration incident to the seizure and maintenance of the defendant property;

  4. The net proceeds of the sale of defendant property shall be distributed as follows: a. Claimant, Miguel Rivera, shall receive fifty percent (50%) of the net proceeds as a stipulated innocent owner;

  b. Of the remaining fifty percent (50%) net proceeds, the United States shall receive sixty-five percent (65%) which shall be condemned and forfeited to the United States of America; and,

  c. Claimant, Martha Rivera, shall receive thirty-five percent (35%). This amount shall be returned to claimant, Martha Rivera, through her attorney of record, Merle Schneidewind.

  5. In the event the prospective proceeds of the sale of defendant property are determined to be insufficient to pay the respective lienholders in full, plaintiff will release its interest to the exercise of the lienholders rights of foreclosure pursuant to California law.

  6. The person or persons who made the arrests, searches, and seizures, the United States and the prosecutor shall not be liable to suit or judgment on account of such actions in accordance with Title 28, United States Code, Section 2465. Martha Rivera agrees that by entering into this stipulation, she has not "substantially prevailed" within the meaning of 28 U.S.C. § 2465. Each party shall bear its own costs and expenses, including attorney fees. 7. The claimant, her agents, employees, or assigns, shall hold and save harmless the United States of America, its agents and employees, from any and all claims which might result from the seizure of the above-described defendant property.

  ORDER

  Having reviewed the foregoing Stipulation and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED and DECREED that:
1. The Stipulation is hereby APPROVED;
  2. The the above-captioned defendant property, 456 E. El Norte Parkway, Escondido, California, which is legally described as follows:

  That portion of lot 4 of Hillsdale Terrace unit No. 1, in the city of Escondido, County of San Diego, State of California, according to map thereof No. 2607, filed in the office of the county recorder of San Diego County, December 21, 1949, lying southeasterly of a line described as follows: Beginning at the midpoint in the southwesterly line of said lot 4; thence north 69 degrees 41' east parallel with the northwesterly line of said lot, 128.0 feet to the northeasterly line of said lot. San Diego County Assessor's Parcel Number 227-040-32-00. 3. The defendant real property is being marketed and sold pursuant to the stipulation and order therein for interlocutory sale filed October 12, 2005.

  4. The net proceeds of the sale of the defendant property shall include all money realized from the sale of the defendant property except for the following:

  a. The amount due on promissory notes secured by deeds of trust which facilitated the purchase of the property by claimant;

  b. Real estate property taxes and assessments;

  c. Insurance costs;

  d. Real estate commissions, if any;

  e. Escrow fees, document fees and transfer tax;

  f. Document recording fees not paid by the buyer;

  g. Any and all costs incurred by the United States Marshals Service and the Drug Enforcement Administration incident to the seizure and maintenance of the defendant property;

  5. The net proceeds of the sale of defendant property shall be distributed as follows:

  a. Claimant, Miguel Rivera, shall receive fifty percent (50%) of the net proceeds as a stipulated innocent owner;

  b. Of the remaining fifty percent (50%) net proceeds, the United States shall receive sixty-five percent (65%) which shall be condemned and forfeited to the United States of America; and,

  c. Claimant, Martha Rivera, shall receive thirty-five percent (35%). This amount shall be returned to claimant, Martha Rivera, through her attorney of record, Merle Schneidewind. 6. In the event the prospective proceeds of the sale of defendant property are determined to be insufficient to pay the respective lienholders in full, plaintiff will release its interest to the exercise of the lienholders rights of foreclosure pursuant to California law.

  7. The person or persons who made the arrests, searches, and seizures, the United States and the prosecutor shall not be liable to suit or judgment on account of such actions in accordance with Title 28, United States Code, Section 2465. Martha Rivera agrees that by entering into this stipulation, she has not "substantially prevailed" within the meaning of 28 U.S.C. § 2465. Each party shall bear its own costs and expenses, including attorney fees.

  8. The claimant, her agents, employees, or assigns, shall hold and save harmless the United States of America, its agents and employees, from any and all claims which might result from the seizure of the above-described defendant property.

  9. That this case is hereby ordered closed. Let judgment be entered accordingly.

20051109

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