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United States v. Vacante

April 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FRANK A. VACANTE, UTE VACANTE AKA UTE BELEW, CENTRAL VALLEY INSURANCE SERVICES, INC., INSTANT SERVICES, INC., PACIFIC BELL DIRECTORY, STANISLAUS COUNTY TAX COLLECTOR, EVERETT J. RODRIGUES AS TRUSTEE OF THE RODRIGUES FAMILY 1996 TRUST, WILLIE JEAN RODRIGUES AS TRUSTEE OF THE RODRIGUES FAMILY 1996 TRUST, WASHINGTON MUTUAL BANK, AS ASSIGNEE OF AMERICAN SAVINGS BANK, BENEFICIAL CALIFORNIA, INC., NEW CENTURY MORTGAGE CORP., STATE OF CALIFORNIA FRANCHISE TAX BOARD, UNION BANK OF CALIFORNIA, NORTHERN CALIFORNIA COLLECTION SERVICE, INC., TURLOCK IRRIGATION DISTRICT, MERCED COUNTY TAX COLLECTOR, TERRY L. BLAKE DBA BLAKE ELECTRIC, DEUTSCHE BANK NATIONAL BANK TRUST COMPANY FKA BANKERS TRUST, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

STIPULATION AND REQUEST FOR ORDER REGARDING TO LIEN PRIORITY

The United States of America, the County of Stanislaus, the County of Merced, the California Franchise Tax Board ("FTB"), Everett and Willie Rodrigues as trustees of the Rodrigues Family 1996 Trust ("Rodrigues Trust"), Union Bank of California ("Union Bank"), and Pacific Bell Directory ("Pacific Bell"), through their respective attorneys, and Terry Blake, appearing pro se, hereby stipulate and agree as follows:

The Property

1. The parcel of real property located at 500 & 510 Lander Avenue, Turlock, California (herein referred to as the "Lander Avenue Property"), in the County of Stanislaus, State of California, is more particularly described as follows:

All of Lot 6 in Block 524 of the City of Turlock, according to the Official Map thereof, filed in the office of the Recorder of Stanislaus County, California on February 6, 1920, in Vol. 9 of Maps, Page 25.

Excepting therefrom that portion conveyed to the City of Turlock, by deed recorded April 25, 1950, Instrument No. 9219, and more particularly described as follows: Beginning at the most northerly corner of Lot 6 in said Block 524; thence south along the west line of said Lot, a distance of 8.87 feet to a point; thence north 71° 33' east, 6.5 feet to the northeasterly line of said Lot 6; thence north 42° 21' west 9.80 feet to the point of beginning.

APN: 043-046-001.

2. The Lander Avenue Property is the separate property of Ute Vacante (aka Ute Belew).

3. The parcel of real property located at 835 S. Minaret Avenue, Turlock, California (herein referred to as the "Minaret Avenue Property"), in the County of Stanislaus, State of California, is more particularly described as follows:

Lot 21 and the southeast 5 feet of Lot 22 in Block 5 of the Sunnyview Tract as per map filed on June 24, 1944, in Volume 14 of Maps, at Page 26, Stanislaus County Records.

APN: 043-024-042.

4. The Minaret Property is the separate property of Ute Vacante (aka Ute Belew).

5. The parcel of real property that is the subject of this action located at 6837 Snedigar Road, Riverbank, California (herein referred to as the "Snedigar Road Property"), in the County of Stanislaus, State of California, is more particularly described as follows:

Lot 259, of Riverbank Irrigated Farms, as per map filed January 15, 1913, in Volume 7 of Maps, at Page 23, Stanislaus County Records.

APN: 062-019-40.

6. The Snedigar Road Property is community property of Frank Vacante and Ute Vacante (aka Ute Belew). The County of Stanislaus agrees this property has belonged to Frank Vacante and Ute Vacante (aka Ute Belew) and does not take a position as to whether the current ownership is community or separate property.

7. The parcel of real property located at 1909 Lupin Lane, Ceres, California (herein referred to as the "Lupin Lane Property"), in the County of Stanislaus, State of California, is more particularly described as follows:

Lot 19 in Block 575 of Astro Terrace as per map filed June 13, 1972, in Volume 23 of Maps at page 82, Stanislaus County Records.

Excepting there from a life estate which is reserved unto the Grantors of the survivor of them.

APN 069-007-023.

8. The Lupin Lane Property is the separate property of Frank Vacante. The Lupin Lane property was deeded to Frank Vacante, with a life estate for Andrew and Catherine Vacante, but both Andrew and Catherine are deceased.

9. The parcel of real property located at 24413 & 24425 August Avenue, Hilmar, California (herein referred to as the "August Avenue Property"), in the County of Merced, State of California, is more particularly described as follows:

The West half of the Northwest quarter of the Northeast quarter of Section 13, Township 6 South, Range 9 East, M.D.B. & M., in the County of Merced, State of California, according to the Official Plat thereof.

APN: 045-020-019.

10. The August Avenue Property is the community property of Frank Vacante and Ute Vacante (aka Ute Belew).

Claims of Stanislaus County

11. The County of Stanislaus has real property tax liens on the Lander Avenue Property, Minaret Avenue Property, Snedigar Road Property, and Lupin Lane Property.

Claims of Merced County

12. The County of Merced has real property tax liens on the August Avenue Property.

Claims of Rodrigues Family 1996 Trust

13. On or about April 3, 1989, Ticor Title Insurance Company of California, Everett J. Rodrigues and Willie Jean Rodrigues recorded a Short Form Deed of Trust and Assignment of Rents against the Lander Avenue Property with Stanislaus County Recorder to secure a $75,000 promissory note. This deed of trust was assigned to the Rodrigues Family 1996 Trust on November 7, 1996.

Claims of Union Bank

14. On or about January 31, 1990, Union Bank recorded a Deed of Trust against the Lupin Lane Property with the Stanislaus County Recorder to secure a promissory note of $42,000.

Claims of Terry L Blake

15. On or about May 22, 2001, Terry Blake recorded an Abstract of Judgment against Frank Vacante and Central Valley Insurance Services, Inc. (CVIS) with the Stanislaus County Recorder. This judgment lien attaches to the Snedigar Road Property and Lupin Lane Property.

16. If the Court determines that the debts of CVIS are collectable from Ute Vacante, Terry Blake's judgment lien also attaches to the Lander Avenue Property and Minaret Avenue Property.

Claims of Pacific Bell Directory

17. On or about September 6, 2005, Pacific Bell Directory recorded an Abstract of Judgment in the amount of $30,459.45 against Frank and Ute Vacante with the Stanislaus County Recorder. This judgment lien attaches to the Lander Avenue Property, Minaret Avenue Property, Snedigar Road Property, and Lupin Lane Property.

Claims of FTB

18. On November 27, 2009, the FTB made tax assessments against Ute Vacante (aka Ute Belew) for tax year 2006, creating a state tax lien. This state tax lien attaches to the Lander Avenue Property, Minaret Avenue Property, Snedigar Road Property, and August Avenue Property.

19. On the following dates, the FTB made tax assessments against CVIS for the tax years listed ...


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