United States of America v. Real Property Located at 5960 14th Avenue, Sacramento, California, No. 2:2008cv00990 - Document 23 (E.D. Cal. 2011)
Court Description: FINAL JUDGMENT OF FORFEITURE signed by Senior Judge Lawrence K. Karlton on 6/17/11. All parties are to bear their own costs and attorneys' fees, if any. Pending the sale of the property, and the disposition of the proceeds, the Court shall maint ain jurisdiction to enforece the terms of the Final Judgment of Forfeiture. The Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting of the defendant real property. CASE CLOSED. (Mena-Sanchez, L)
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United States of America v. Real Property Located at 5960 14th Avenue, Sacramento, California 1 4 BENJAMIN B. WAGNER United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 5 Doc. 23 Attorneys for the United States 2 3 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. REAL PROPERTY LOCATED AT 5960 14TH AVENUE, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN: 021-0051-009-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 17 Defendant. 18 19 20 21 2:08-CV-00990-LKK-DAD FINAL JUDGMENT OF FORFEITURE Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against certain real 22 property located at 5960 14TH Avenue, Sacramento, Sacramento 23 County, California, Assessor’s Parcel Number: 021-0051-009-0000 24 (hereafter "defendant real property"), legal description: 25 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SACRAMENTO, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: 26 27 28 The North one-half of Lot 5 in City Acres Addition No. 1, according to the official plat thereof, filed in the office of the Recorder of Sacramento County, 1 Final Judgment of Forfeiture Dockets.Justia.com 1 California, on November 20, 1922 in Book 17 of Maps, Map No. 10. 2 3 The subdivision of said Lot 5 being made on the basis that the lot area includes one-half of the adjoining road. 4 5 2. A Verified Complaint for Forfeiture In Rem (“complaint”) 6 was filed on May 6, 2008, alleging that said real property is 7 subject to forfeiture to the United States of America pursuant to 8 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C). 9 10 11 3. On May 20, 2008, the defendant real property was posted with a copy of the complaint and notice of complaint. 4. On May 20, 2008, the Internal Revenue Service personally 12 served copies of the complaint, notice of complaint, application 13 and order for publication, lis pendens, order setting status 14 conference, notice of availability of voluntary dispute 15 resolution, notice of availability of magistrate judge, and 16 notice of forfeiture action on Miguel Vasquez, Jr. (hereafter 17 “Vasquez”). 18 5. On June 9, 16, 23, and 30, 2008, a Public Notice of 19 Posting of the defendant real property appeared by publication in 20 The Daily Recorder, a newspaper of general circulation in the 21 county in which the defendant real property is located 22 (Sacramento County). 23 6. Vasquez filed a Claim of Ownership of Property alleging 24 that he is the legal owner of the defendant real property, and 25 filed an Answer to the complaint. 26 7. No other parties have filed claims or answers in this 27 matter and the time for which any person or entity may file a 28 claim and answer has expired. 2 Final Judgment of Forfeiture 1 2 Based on the above findings, and the files and records of the Court, it is hereby 3 ORDERED AND ADJUDGED: 4 1. The Court adopts the Stipulation for Final Judgment of 5 Forfeiture entered into by and between the parties to this 6 action. 7 2. Judgment is hereby entered against claimant Vasquez and 8 all other potential claimants who have not filed claims in this 9 action. 10 3. All right, title and interest of Vasquez in the 11 defendant real property shall be forfeited to the United States 12 pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C). 13 4. The Internal Revenue Service (or a designee) shall list 14 the defendant real property for sale. 15 Service shall have sole authority to select the means of sale, 16 including sale by internet or through a licensed real estate 17 broker, and shall have sole authority over the marketing and sale 18 of the defendant real property. 19 5. The Internal Revenue The Internal Revenue Service shall have the defendant 20 real property appraised by a licensed appraiser of its choosing. 21 The Internal Revenue Service and the appraiser may have access to 22 the defendant real property and structures, buildings, or storage 23 sheds thereon upon 24 hours telephonic notice. 24 6. If necessary, the Internal Revenue Service, and any real 25 estate broker employed by the Internal Revenue Service, shall 26 have the right to put a "lock box" on the property to facilitate 27 the marketing and sale of the property. 28 7. The following costs, expenses and distributions shall be 3 Final Judgment of Forfeiture 1 paid in escrow from the gross sales price in the following 2 priority and to the extent funds are available: 3 (a) The costs incurred by the Internal Revenue Service 4 to the date of close of escrow, including the cost 5 of posting, service, advertising, and maintenance. 6 (b) Any unpaid real property taxes, which shall 7 be prorated as of the date of the entry of 8 this Final Judgment of Forfeiture. 9 (c) A real estate commission not to exceed the 10 Internal Revenue Service contractual brokerage 11 fee. 12 (d) The seller shall pay any county transfer taxes. 13 (e) To the United States of America: the net proceeds 14 from the sale of the real property. 15 title, and interest in said funds shall be 16 substituted for the defendant real property and 17 forfeited to the United States pursuant to 18 18 U.S.C. §§ 981(a)(1)(A) and 981(a)(1)(C), to be 19 disposed of according to law. 20 8. All right, Any liens or encumbrances against the defendant 21 real property that appear on record subsequent to the recording 22 of plaintiff's lis pendens on May 8, 2008, and prior to the close 23 of escrow may be paid out of escrow. 24 any such lien or encumbrance at its sole discretion. 25 26 27 28 9. The United States may pay The costs of a lender's policy of title insurance (ALTA policy) shall be paid for by the buyer. 10. All loan fees, "points" and other costs of obtaining financing shall be paid for by the buyer of the defendant real 4 Final Judgment of Forfeiture 1 2 property. 11. Each party shall execute all documents necessary to 3 close escrow, if such signatures are required by the title 4 insurer. 5 12. Plaintiff United States of America and its servants, 6 agents, and employees and all other public entities, their 7 servants, agents, and employees, are released from any and all 8 liability arising out of or in any way connected with the 9 posting, forfeiture, or sale of the defendant real property. 10 This is a full and final release applying to all unknown and 11 unanticipated injuries, and/or damages arising out of said 12 posting, forfeiture, or sale, as well as to those now known or 13 disclosed. 14 Code § 1542. 15 13. The parties waived the provisions of California Civil Claimant Vasquez has been in custody continuously since 16 his arrest on April 24, 2008. Consequently, claimant Vasquez has 17 not occupied the defendant real property nor has he had the 18 ability to maintain the property since his arrest. 19 Vasquez represents that he has not given any person permission to 20 reside on the defendant real property, and he, as the sole owner 21 of the residence, is the only person authorized to reside 22 therein. 23 14. Claimant Claimant shall make arrangements for the removal of all 24 personal possessions, and the personal possessions of any former 25 occupant, including all vehicles, furniture, and trash, and will 26 leave the property clean and in the same state of repair as the 27 property was on the date it was posted. 28 claimant's personal possessions, and the personal possessions of 5 Any and all of Final Judgment of Forfeiture 1 any former occupant, not removed within 72 hours after the entry 2 of this Final Judgment of Forfeiture will be disposed of by the 3 United States without further notice. 4 15. Pursuant to the stipulation of the parties, and 5 allegations set forth in the Verified Complaint for Forfeiture In 6 Rem filed May 6, 2008, the Court finds that there was reasonable 7 cause for the posting of the defendant real property, and a 8 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 9 shall be entered accordingly. 10 16. All parties are to bear their own costs and attorneys' 11 fees, if any. 12 17. Pending the sale of the property, and the disposition 13 of the proceeds, the Court shall maintain jurisdiction to enforce 14 the terms of this Final Judgment of Forfeiture. 15 SO ORDERED THIS 17th day of June, 2011. 16 17 18 19 20 CERTIFICATE OF REASONABLE CAUSE Pursuant to the Stipulation for Final Judgment of Forfeiture 21 filed herein, and the allegations set forth in the Verified 22 Complaint for Forfeiture In Rem filed May 6, 2008, the Court 23 enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. 24 § 2465, that there was reasonable cause for the posting of the 25 defendant real property. 26 Dated: June 17, 2011. 27 28 6 Final Judgment of Forfeiture
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