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United States v. Caraway

United States District Court, N.D. California, San Francisco Division

February 22, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
DOUGLAS CARAWAY, et al., Defendants.

          [PROPOSED] JUDGMENT AND DECREE OF SALE

          MAXINE M. CHESNEY, United States District Judge

         By separate order filed concurrently herewith, plaintiff United States of America's Motion to Reinstate Judgment and for Decree of Sale has been granted. Accordingly, judgment This Motion to Reinstate Judgment and for Decree of Sale filed by the United States of America, came before this Court for hearing on March 3, 2017. The Court having considered the motion, and argument by all parties hereto, along with the pleadings filed in this case, hereby grants the Motion to Reinstate Judgment and for Decree of Sale, and for good cause shown, IT IS HEREBY ORDERED as follows:

         1. That plaintiff United States of America shall have judgment against and recover from defendant, Douglas Caraway, for tax years 1999 through 2004, inclusive, the sum of $163, 897.25 plus statutory additions which have and will continue to accrue as provided by law from December 7, 2010, until paid.

         2. That plaintiff United States of America shall have judgment against and recover from defendant, Douglas Caraway, for tax years 1995 and 1998, the sum of $17, 737.10, plus statutory additions which have and will continue to accrue as provided by law from May 25, 2011, until paid.

         3. Judgment is to accrue interest at the rate provided by 26 U.S.C. § 6621.

         IT IS FURTHER ORDERED, 4. Pursuant to 28 U.S.C. §§ 2001 and 2002 and 26 U.S.C. §§ 7402 and 7403, that the Court rules and orders as follows:

         5. That Douglas Caraway owns the real property located at 734 Neal Avenue, San Carlos, California 94070, and described in the Official Records in the office of the County Recorder, San Mateo County, California, describing the real property (hereinafter the “Property”) as follows:

THE NORTHWESTERLY 50 FEET, FRONT AND REAR MEASUREMENTS OF LOT 2, as shown on that certain map entitled “REDWOOD HEIGHTS QUARTER ACRES, A SUBDIVISION OF LOTS 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of REDWOOD HEIGHTS NEAR REDWOOD CITY, SAN MATEO COUNTY, CALIFORNIA”, which map was filed in the office of the Recorder of the County of San Mateo, State of California, on June 16, 1919, in Book 10 of Maps at page 20.
APN 051-142-140 JPN 051-014-142-14

         6. The United States Marshal for the Northern District of California, his/her representative, or an Internal Revenue Service Property Appraisal and Liquidation Specialist (“PALS”), is authorized and directed under 28 U.S.C. §§ 2001 and 2002 to offer for public sale and to sell the Property. The United States may choose either the United States Marshal or a PALS to carry out the sale under this order and shall make the arrangements for any sale as set forth in this Order.

         7. The Marshal, his or her representative, or a PALS representative is authorized to have free access to the Property and to take all actions necessary to preserve the Property, including, but not limited to, retaining a locksmith or other person to change or install locks or other security devices on any part of the property, until the deed to the Property is delivered to the ultimate purchaser(s).

         8. The terms and conditions of the sale of the property are as follows:

a. the sale of the Property shall be free and clear of the interests of: Douglas Caraway; Fremont Bank; the State of California Employment Development Department; the State of California Franchise Tax Board; the San Joaquin County District Attorney's Office, Family Support Division; Chester J. Gilbert; Collectronics, Inc.; John Eggli; Collection Bureau of America; Amanda Hummel; Fred Hummel; Stephen Caraway; Estate of Lorraine Caraway; Unknown Heirs of the Estate of Lorraine Caraway; and Patrick R. Giles.
b. the sale shall be subject to the building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the property, and ...

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