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United States v. Weldon

April 10, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LOWELL D. WELDON, BESSIE L. WELDON, MIDLAND MORTGAGE COMPANY AKA MIDFIRST BANK, STATE OF CALIFORNIA FRANCHISE TAX BOARD, COUNTY OF FRESNO, DEFENDANTS.



The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION AND PROPOSED ORDER REGARDING LIEN PRIORITY BETWEEN THE UNITED STATES, THE STATE OF CALIFORNIA FRANCHISE TAX BOARD AND THE COUNTY OF FRESNO

The United States of America, the California Franchise Tax Board ("FTB"), and County of Fresno, through their respective attorneys, hereby stipulate and agree as follows:

1. The parcel of real property located at located at 5915 West Clinton Avenue, Fresno, California 93722 (referred to in the Complaint and herein as the "Clinton Property"), is situated in the County of Fresno, State of California, and is more particularly described as follows:

The east half of the north half of the west 303.50 feet of Lot 4, Vista Bonita Tract, according to the map thereof, recorded November 17, 1914, in Book 7, Page 52 of Plats, in the Office of the County Recorder of Fresno County.

2. The parcel of real property located at 210 Oxford Avenue, Clovis, California 93612 (referred to in the Complaint and herein as the "Oxford Property"), is situated in the County of Fresno, State of California, and is more particularly described as follows:

Lot 1 of Forest Park, in the City of Clovis, County of Fresno, State of California, according to the map thereof recorded in Book 13, page 61 of Plats, in the office of the County Recorder of said County.

3. The parcel of real property located at 2490 South Holloway Avenue, Fresno, California 93725 (referred to in the Complaint and herein as the "Holloway Property"), is situated in the County of Fresno, State of California, and is more particularly described as follows:

Lot 83 of Sequoia Village, Tract #1133, recorded in Plat book 14 page 91.

4. The County of Fresno has real property tax liens on the Clinton Property, Oxford Property, and Holloway Property.

5. The County of Fresno also filed a lien against Bessie Weldon on September 22, 2005, for delinquent personal property taxes.

6. On the following dates, the FTB made tax assessments against Lowell Weldon, for the tax years listed below, creating state tax liens:

Tax Year Assessment Date 2000 November 19, 2002 2001 June 23, 2003 2002 July 12, 2004 2003 July 11, 2005

7. On the following dates, the FTB made tax assessments against Bessie Weldon, for the tax years listed ...


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