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United States v. Real Property Located at 10170 Patti Way

United States District Court, E.D. California

September 24, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED AT 10170 PATTI WAY, ELK GROVE, CALIFORNIA, SACRAMENTO COUNTY, APN 132-0910-069-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, ET AL., Defendants.

          McGREGOR W. SCOTT, United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney Attorneys for the United States.

          PARTIAL FINAL JUDGMENT OF FORFEITURE RE REAL PROPERTY LOCATED AT 8620 PORT HAYWOOD WAY, SACRAMENTO, CA

         Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

         1. This is a civil forfeiture action against nine real properties, one of which is the real property located at 8620 Port Haywood Way, Sacramento, California, Sacramento County, APN: 117-0970-086-0000 (“defendant property”).

         2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 4, 2018, alleging that said defendant property is subject to forfeiture to the United States pursuant to 21 U.S.C. §§ 881(a)(6) and 881(a)(7).

         3. On July 24, 2018, the defendant property was posted with a copy of the Complaint and Notice of Complaint.

         4. Beginning on May 12, 2018, for at least 30 consecutive days, the United States published Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on July 15, 2018.

         5. In addition to the public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individuals or entities related to this defendant property:

a. Yue E. Chen, and
b. Scott G. McConaughey and Carina M. McConaughey Revocable Trust, c/o Placer Lender Services.

         6. Claimants Scott G. McConaughey and Carina M. McConaughey, Trustees, filed a Claim on May 25, 2018, claiming a lien holder interest in the defendant property. Claimant Yue E. Chen (“claimant”) filed a Verified Statement of Interest on July 18, 2018. No. other parties have filed claims or answers regarding this defendant property, and the time in which any person or entity may file a claim and answer has expired.

         7. On October 24, 2018, escrow closed for the defendant property at 8620 Port Haywood Way, Sacramento, California, Sacramento County, APN: 117-0970-086-0000, and the United States received a wire transfer in the amount of $129, 265.36, which will be substituted in lieu of the real property. Scott G. McConaughey and Carina M. McConaughey were paid in full through escrow. Scott G. McConaughey and Carina M. McConaughey withdrew their Claim on September 4, 2019.

         Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED:

         1. Judgment is hereby entered against claimants Scott G. McConaughey, Carina M. McConaughey, and Yue E. Chen, and all other potential claimants who have not filed claims in this action.

         2. Upon entry of this Final Judgment of Forfeiture, $99, 265.36 of the Approximately $129, 265.36 in net proceeds from the sale of defendant real property located at 8620 Port Haywood Way, Sacramento, California, Sacramento County, APN: 117-0970-086-0000, together with any interest that may have accrued on the total amount of net proceeds, shall be forfeited to the United ...


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