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United States v. Real Property Located In Arcadia

United States District Court, C.D. California, Western Division

September 6, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED IN ARCADIA, CALIFORNIA, Defendant. FANG ZENG Titleholder.

          SANDRA R. BROWN Acting United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section

          JONATHAN GALATZAN Assistant United States Attorney Asset Forfeiture Section

          CONSENT JUDGMENT OF FORFEITURE

          HONORABLE MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE

         Plaintiff and potential claimants Fang Zeng, HSBC Bank USA, N.A., and Hestter Investments, LLC (“potential claimants”) have made a stipulated request for the entry of this Consent Judgment, resolving this action in its entirety.

         The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND DECREES:

         1. The government has given and published notice of this action as required by law, including Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this Court. Potential claimants Fang Zeng, HSBC Bank USA, N.A., and Hestter Investments, LLC claim an interest in the defendant property, but have not filed claims in this case or answered the complaint. However, Fang Zeng, HSBC Bank USA, N.A., and Hestter Investments, LLC would have filed claims and answers in this case absent this agreement. No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired. This Court has jurisdiction over the parties to this judgment and the defendant property. Any potential claimants to the defendant property other than Fang Zeng, HSBC Bank USA, N.A., and Hestter Investments, LLC are deemed to have admitted the allegations of the complaint with respect to the defendant property.

         2. The United States of America shall have judgment as to the defendant property, and, other than those interests recognized herein, no other person or entity shall have any right, title or interest therein. The legal description of the defendant property, which property has Assessor Parcel Number 5769-009-030, is more fully described as follows:

Lot 20, of Tract No. 52745, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 1252 pages 43 to 46, inclusive of Maps, in the Office of the County Recorder in said county.
Excepting and reserving therefrom, for the benefit of grantor, its successors and assigns, together with the right to grant and transfer all or a portion of the same, as follows:
Non-exclusive easements for ingress, egress, utilities, drainage, landscape and for other purposes, and easements and rights as reserved to grantor as declarant as defined and described in the declaration of covenants, conditions and restrictions and reservation of easements for Anoakia Estates Homeowners Association and all supplementary declarations thereto, and any amendments thereto (the “Declaration”), as supplemented and amended.

         3. The United States is hereby authorized to remove any occupants and/or personal property remaining on the defendant property thirty days after the giving of written notice to any occupants of the defendant property without further order of this Court. The United States shall thereafter sell the property. The proceeds of the sale shall be distributed in the following priority, to the extent proceeds are available:

a. To the United States for its reasonable and customary costs and expenses of the sale (e.g. title company costs, broker fees, and related closing costs);
b. To the Los Angeles County Assessor and Tax Collector of all unpaid real property taxes assessed against the defendant property to the date of ...

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