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U.S. v. ONE RESIDENTIAL PROPERTY LOCATED

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 ...


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