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United States v. Real Property Located 4343 North Forty, Lincoln, California, Placer County

United States District Court, E.D. California

December 11, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED 4343 NORTH FORTY, LINCOLN, CALIFORNIA, PLACER COUNTY, APN 031-310-028-000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, ET AL.,

          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 4343 NORTH FORTY, LINCOLN, CA AND 5371 ONTARIO STREET, SACRAMENTO, CA

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

         1. This is a civil forfeiture action against eight real properties, two of which are the real property located at 4343 North Forty, Lincoln, California, Placer County, APN: 031-310-028-000 (“defendant North Forty”) and the real property located at 5371 Ontario Street, Sacramento, California, Sacramento County, APN: 023-0275-015-0000 (“defendant Ontario Street”).

         2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 5, 2018, alleging that said defendant North Forty and defendant Ontario Street properties are subject to forfeiture to the United States pursuant to 21 U.S.C. §§ 881(a)(6) and 881(a)(7).

         3. On June 1, 2018, the defendant North Forty property was posted with a copy of the Complaint and Notice of Complaint. On July 24, 2018, the defendant Ontario Street property was posted with a copy of the Complaint and Notice of Complaint.

         4. Beginning on April 20, 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 May 21, 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 individual(s):

a. Qihua Pan
b. Gayle Ansell, Pensco Trust Company, c/o Iron Oak Home Loans, Inc.
c. Stephen M Ward and Debra L Ward, c/o Iron Oak Home Loans, Inc.
d. Jing Jie Jiang
e. Khoi Vo

         6. Claimant Khoi Vo filed a Claim on May 25, 2018 and an Answer on June 22, 2018, claiming a lien holder interest in the defendant Ontario Street property. Claimants Stephen M Ward and Debra L Ward Trust filed a Claim on June 13, 2018 and an Answer on June 25, 2018, claiming a lien holder interest in the defendant North Forty property. Claimant Ling Yan Jiang filed a Claim and Answer to the Complaint on June 29, 2018 claiming an interest in the defendant North Forty Property. Claimant Jing Jie Jiang filed a Claim and Answer to the Complaint on June 29, 2018 claiming an interest in the defendant Ontario Street property. No. other parties have filed claims or answers regarding the defendant North Forty property or the Ontario Street property, and the time in which any person or entity may file a claim and answer has expired.

         7. On February 12, 2019, escrow closed for the defendant property at 5371 Ontario Street, Sacramento, California, Sacramento County, APN: 023-0275-015-0000, and the United States received a wire transfer in the amount of $33, 549.38, which will be substituted in lieu of the real property. Khoi Vo was paid in full through escrow. Khoi Vo filed a Stipulation and Order to Withdraw his Claim on September 26, 2019. On May 10, 2019, escrow closed for the defendant property at 4343 North Forty, Lincoln, California, Placer County, APN: 031-310-028-000, and the United States received a wire transfer in the amount of $251, 994.23, which will be substituted in lieu of the real property. Gayle Ansell and Stephen M ...


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