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United States v. Caraway

United States District Court, N.D. California

May 22, 2017

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

          ORDER DETERMINING MERITS OF ALL CLAIMS TO AND LIENS UPON SUBJECT PROPERTY

          MAXINE M. CHESNEY United States District Judge.

         The real property located at 734 Neal Avenue, San Carlos, CA (the “Subject Property”) having been sold at private sale (see Dkts Nos. 254, 257), the Court hereby determines the merits of all claims to and liens upon the Subject Property as follows:

         1. Plaintiff United States of America is entitled to payment for federal taxes owed as follows: (1) for tax years 1999 through 2004, a total sum of $201, 874.86; and (2) for tax years 1995 and 1998, a total sum of $22, 849.29. (See Dkt Nos. 224, 254.)

         2. Defendant Fremont Bank is entitled to payment of a total sum of $161, 177.72 in relation to two Deeds of Trust recorded on January 15, 1992. (See Dkt Nos. 82, 254.)

         3. Defendant State of California Franchise Tax Board is entitled to payment of a total sum of $74, 237.98 for California income taxes owed for tax years 1995, 1996, 1997, 1999, 2000, 2001, 2002, and 2003. (See Dkt. Nos. 180-2, 254.)

         4. Defendant State of California Employment Development Department is entitled to payment of a total sum of $79, 124.31 for California employment taxes owed for the period from July 1, 1992 through December 31, 1995. (See Dkt Nos. 180-1, 254.)

         5. Defendant Chester J. Gilbert is entitled to payment of a total sum of $58, 932.14 in relation to a judgment recorded on December 19, 2000, and has disclaimed any right, title, claim, lien, or other interest in the Subject Property in relation to having been assigned a Deed of Trust recorded on October 18, 1998. (See Dkt. Nos. 155, 245-3, 254.)

         6. Defendant Patrick R. Giles is entitled to payment of a total sum of $30, 405.39 in relation to a judgment recorded on December 29, 2011. (See Dkt. Nos. 212, 254.)

         7. Non-party County of San Mateo is entitled to payment of a total sum of $4218.67 for owed taxes. (See Dkt. No. 254.)

         8. Non-party First American Title Company is entitled to payment of a total sum of $150 for notary and signing fees. (See id.)

         9. Non-party Keller Williams is entitled to payment of a total sum of $36, 570 as a commission. (See id.)

         10. Non-party Dwell Realtors, Inc. is entitled to payment of a total sum of $30, 475 as a commission. (See id.)

         11. Non-party Internal Revenue Service is entitled to payment of a total sum of $41, 674.53 for federal taxes owed for tax years 2005-2011. (See id.)

         12. Non-party William E. Taggart is entitled to payment of a total sum of $154, 44.76 in relation to a judgment ...


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