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United States of America v. Charles Wayne Uptergrove; et al

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 22, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
CHARLES WAYNE UPTERGROVE; ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii

ORDER TO SUBSTITUTE PARTY

Date: August 22, 2011 Time: 1:30 p.m.

Place: Courtroom 2

The United States sold the property at issue (the "Uptergrove Ranch") in this tax foreclosure case and deposited the sale proceeds to the Court. The United States named as a defendant HomEq Servicing, Inc., ("HomEq"), which held the first trust deed on the Uptergrove Ranch. On January 12, 2007, the Court entered an Order (Doc. No. 19) confirming the priority of the HomEq lien over the federal tax liens. Counsel for the United States reports that HomEq no longer claims an interest in the Uptergrove Ranch because the loan was sold. HomEq has not substituted its successor-in-interest in this case.

In accordance with the foregoing, the United States' briefs, and for good cause shown, the Court

ORDERS:

HomEq Servicing, Inc., shall file a motion to substitute its successor-in-interest to its claim to the sale proceeds of the Uptergrove Ranch within thirty days of the date of entry of this order.

IT IS SO ORDERED.

0m8i78

CHIEF UNITED STATES DISTRICT JUDGE

20110822

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