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United States v. Franklin

April 22, 2009

UNITED STATES OF AMERICA PLAINTIFF,
v.
MARY A. FRANKLIN; HOUSEHOLD KEY FINANCIAL CORPORATION; HSBC MORTGAGE SERVICES, INC.; STATE OF CALIFORNIA, FRANCHISE TAX BOARD; AND WELLS FARGO BANK, N.A., DEFENDANTS.



The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER OF FORECLOSURE AND JUDICIAL SALE

PURSUANT to the Order Granting the United States' Motion for Summary Judgment, entered on April 14, 2009, and 28 U.S.C. §§ 2001 & 2002, and 26 U.S.C. §§ 7402 & 7403, it is FURTHER ORDERED as follows:

1. This Order of Foreclosure shall act as a special writ of execution and no further orders or process from the Court shall be required except as expressly state.

2. Defendant Mary A. Franklin is indebted to Plaintiff, the United States of America ("United States") for unpaid assessed balances of federal income taxes for the 1993, 1994, 1995, 1996, 1998, 1999, 2000, and 2004 tax years, plus interest and statutory additions accruing after the dates of assessment pursuant to 26 U.S.C. §§ 6601, 6621 and 6622, and 28 U.S.C. § 1961(c) until paid. On April 22, 2009, the Court entered judgment in favor of the United States and against Mary A. Franklin for federal income tax liabilities arising from the 1993, 1994, 1995, 1996, 1998, 1999, 2000, and 2004 tax years, plus interest and penalties, calculated through April 30, 2009, in the amount of $188,179.20, and such additional statutory additions, including interest, that continues to accrue until paid in full.

3. The property upon which foreclosure is residential real property located at 1611 Coronado Avenue, Spring Valley, California ("the Subject Property"), and legally described as follows:

The North half of Lot 2 and all of Lot 3 in Block 43 of San Diego Villa Heights, according to Map thereof No. 1317, filed in the Office of the County Recorder of San Diego County, February 21, 1911.

4. On or about July 7, 1997 and June 5, 2006, a duly authorized delegate of the Secretary of Treasury made assessments for tax, interest, and penalties against Ms. Franklin for the 1993 tax year.

5. On or about April 19, 2004 and August 21, 2006, a duly authorized delegate of the Secretary of Treasury made assessments for tax, interest, and penalties against Ms. Franklin for the 1994 tax year.

6. On or about October 12, 1998, a duly authorized delegate of the Secretary of Treasury made assessments for tax liabilities reported on Ms. Franklin's 1995 return, applicable interest, and penalties.

7. On March 20, 2000, a duly authorized delegate of the Secretary of Treasury made assessments for tax liabilities reported on Ms. Franklin's 1996 return, applicable interest, and penalties.

8. On April 19, 2004, a duly authorized delegate of the Secretary of Treasury made assessments for tax liabilities reported on Ms. Franklin's 1998 return, applicable interest, and penalties.

9. On or about April 19, 2004 and August 21, 2006, a duly authorized delegate of the Secretary of Treasury made assessments for tax, interest, and penalties against Ms. Franklin for the 1999 tax year.

10. On or about April 17, 2006, a duly authorized delegate of the Secretary of Treasury made assessments for tax, interest, and penalties against Ms. Franklin for the 2000 tax year.

11. On or about May 30, 2005 and August 21, 2006, a duly authorized delegate of the Secretary of Treasury made assessments for tax, interest, and penalties ...


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