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United States v. Real Property Located At 6920 Kilconnell Drive

United States District Court, E.D. California

January 14, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED AT 6920 KILCONNELL DRIVE, ELK GROVE, CALIFORNIA, SACRAMENTO COUNTY, APN 116-1410-006-0000, 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 4871 WATSEKA WAY, SACRAMENTO, CA

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

         1. This is a civil forfeiture action against seven real properties, one of which is the real property located at 4871 Watseka Way, Sacramento, California, Sacramento County, APN: 225-1790- 028-0000 (“defendant property”).

         2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 3, 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 July 24, 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 J. Lin, and
b. Northern CA Mortgage Fund XI, LLC.

         6. Claimant Northern California Mortgage Fund XI, LLC filed a Claim on June 4, 2018, claiming a lien holder interest in the defendant property. Claimant Li J. Lin filed a Claim and an Answer to the Complaint on June 29, 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 July 30, 2018, escrow closed for the defendant property at 4871 Watseka Way, Sacramento, California, Sacramento County, APN: 225-1790-028-0000, and the United States received wire transfers totaling $141, 449.34, which will be substituted in lieu of the real property. Northern California Mortgage Fund XI, LLC was paid in full through escrow. Northern California Mortgage Fund XI, LLC withdrew their Claim on September 24, 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 J. Lin and Northern CA Mortgage Fund XI, LLC, and all other potential claimants who have not filed claims in this action.

         2. Upon entry of this Final Judgment of Forfeiture, $104, 449.34 of the Approximately $141, 449.34 in net proceeds from the sale of defendant real property located at 4871 Watseka Way, Sacramento, California, Sacramento County, APN: 225-1790-028-0000, 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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