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United States v. Real Property Located At 2033 Bastona Drive

United States District Court, E.D. California

November 5, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED AT 2033 BASTONA DRIVE, ELK GROVE, CALIFORNIA, SACRAMENTO COUNTY, APN 119-1860-037-0000, 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 5759 MUSKINGHAM WAY, SACRAMENTO, CA

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

         1. This is a civil forfeiture action against six real properties, one of which is the real property located at 5759 Muskingham Way, Sacramento, California, Sacramento County, APN: 117- 1280-034-0000 (“defendant property”).

         2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 5, 2018, alleging that said defendant property is subject to forfeiture to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A), 981(a)(1)(C), and 21 U.S.C. §§ 881(a)(6) and 881(a)(7).

         3. On May 17, 2018, the defendant property was posted with a copy of the Complaint and Notice of Complaint.

         4. Beginning on May 18, 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 26, 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. Li Tan Lin, and
b. James Bennett Keegan, Jr. and Diane Elaine Keegan c/o Redwood Trust Deed Services, Inc.

         6. Claimants James Bennett Keegan, Jr. and Diane Elaine Keegan, Trustees of the Keegan Family Trust Dated 9/4/1997, filed a Claim on May 30, 2018, claiming a lien holder interest in the defendant property. Claimant Li Tan Lin filed a Verified Statement of Interest on July 12, 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 November 30, 2018, escrow closed for the defendant property at 5759 Muskingham Way, Sacramento, California, Sacramento County, APN: 117-1280-034-0000, and the United States received a wire transfer in the amount of $145, 336.01, which will be substituted in lieu of the real property. James Bennett Keegan, Jr. and Diane Elaine Keegan were paid in full through escrow. James Bennett Keegan, Jr. and Diane Elaine Keegan withdrew their Claim on July 23, 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 Li Tan Lin, James Bennett Keegan, Jr., and Diane Elaine Keegan, and all other potential claimants who have not filed claims in this action.

         2. Upon entry of this Final Judgment of Forfeiture, $112, 836.01 of the Approximately $145, 336.01 in net proceeds from the sale of defendant real property located at 5759 Muskingham Way, Sacramento, California, Sacramento County, APN: 117-1280-034-0000, together with any interest that may have accrued on the total amount of net proceeds, shall be forfeited to the United States pursuant to 18 U.S.C. §§ ...


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