-KJN (TEMP) United States of America v. Real Property Located at 5796 Zenia Lake Mountain Road, Kettenpom, California, No. 2:2010cv00770 - Document 24 (E.D. Cal. 2011)

Court Description: FINAL JUDGMENT of FORFEITURE signed by Judge John A. Mendez on 06/29/11; judgment is hereby entered against claimant Todd Hudy and all other potential claimants who have not filed claims in this action; All parties are to bear their own costs and attorneys' fees. CASE CLOSED. (Michel, G)

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-KJN (TEMP) United States of America v. Real Property Located at 5796...Road, Kettenpom, California 1 2 3 4 5 Doc. 24 BENJAMIN B. WAGNER United States Attorney LYNN TRINKA ERNCE Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2700 Attorneys for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) REAL PROPERTY LOCATED AT 5796 ) ZENIA LAKE MOUNTAIN ROAD, ) KETTENPOM, CALIFORNIA, TRINITY ) COUNTY, APN: 022-080-3800, ) INCLUDING ALL APPURTENANCES AND ) IMPROVEMENTS THERETO, ) ) Defendant. ) ) 2:10-CV-00770 JAM KJN 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 5796 Zenia Lake Mountain Road, Kettenpom, 23 California, Trinity County, APN: 022-080-3800 (hereafter 24 "defendant real property") and more fully described as: 25 26 27 28 THAT PORTION OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER AND LOT 6 OF SECTION 6 IN TOWNSHIP 4 SOUTH, RANGE 7 EAST, H.M., LYING EASTERLY OF THE CENTERLINE OF THAT EASEMENT AND RIGHT OF WAY 33 FEET IN WIDTH CONVEYED BY HELEN ANN GILETTA AND OTHERS TO THE UNITED STATES OF AMERICA AND RECORDED ON AUGUST 3, 1962 IN BOOK 98 OF OFFICIAL RECORDS AT PAGE 84, TRINITY COUNTY RECORDS. 1 Final Judgment of Forfeiture Dockets.Justia.com 1 2. A Verified Complaint for Forfeiture In Rem (hereafter 2 “Complaint”) was filed on April 1, 2010, alleging that said 3 property is subject to forfeiture to the United States of America 4 pursuant to 21 U.S.C. § 881(a)(7). 5 6 7 3. On April 22, 2010, the defendant real property was posted with a copy of the Complaint and Notice of Complaint. 4. Beginning on April 29, 2010, for at least 30 consecutive 8 days, the United States published Notice of the Forfeiture Action 9 on the official internet government forfeiture site 10 www.forfeiture.gov. 11 June 8, 2010. 12 5. A Declaration of Publication was filed on In addition to the Public Notice of Posting having been 13 completed, the United States gave actual notice to the following 14 individual: 15 6. Todd Hudy Claimant Todd Hudy filed a verified claim and answer 16 alleging an interest in the defendant real property. 17 parties have filed claims or answers in this matter and the time 18 for which any person or entity may file a claim and answer has 19 expired. 20 21 22 No other Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED: 1. The Court adopts the Stipulation for Final Judgment of 23 Forfeiture entered into by and between the parties to this 24 action. 25 2. Judgment is hereby entered against claimant Todd Hudy 26 and all other potential claimants who have not filed claims in 27 this action. 28 3. All right, title and interest of Todd Hudy in the 2 Final Judgment of Forfeiture 1 defendant real property shall be forfeited to the United States 2 pursuant to 21 U.S.C. § 881(a)(7). 3 4. The U.S. Marshals Service (or a designee) shall list the 4 defendant real property for sale. 5 shall have sole authority to select the means of sale, including 6 sale by internet or through a licensed real estate broker, and 7 shall have sole authority over the marketing and sale of the 8 defendant real property. 9 5. The U.S. Marshals Service The U.S. Marshals Service shall have the defendant real 10 property appraised by a licensed appraiser of its choosing. 11 U.S. Marshals Service and the appraiser may have access to the 12 defendant real property and structures, buildings, or storage 13 sheds thereon upon 24 hours telephonic notice. 14 6. The If necessary, the U.S. Marshals Service, and any real 15 estate broker employed by the U.S. Marshals Service, shall have 16 the right to put a "lock box" on the property to facilitate the 17 marketing and sale of the property. 18 7. The following costs, expenses and distributions shall be 19 paid in escrow from the gross sales price in the following 20 priority and to the extent funds are available: 21 (a) The costs incurred by the U.S. Marshals 22 Service to the date of close of escrow, 23 including the cost of posting, service, 24 advertising, and maintenance. 25 (b) Any unpaid real property taxes, which shall 26 be prorated as of the date of the entry of 27 this Final Judgment of Forfeiture. 28 (c) A real estate commission not to exceed the 3 Final Judgment of Forfeiture 1 U.S. Marshals Service contractual brokerage 2 fee. 3 (d) 4 The seller shall pay any county transfer taxes. 5 (e) To the United States of America: the net 6 proceeds from the sale of the real property. 7 All right, title, and interest in said funds 8 shall be substituted for the defendant real 9 property and forfeited to the United States 10 pursuant to 21 U.S.C. § 881(a)(7), to be 11 disposed of according to law. 12 8. Any liens or encumbrances against the defendant 13 real property that appear on record subsequent to the recording 14 of plaintiff's lis pendens on April 2, 2010, and prior to the 15 close of escrow may be paid out of escrow. 16 pay any such lien or encumbrance at its sole discretion. 17 18 19 9. The United States may 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 20 financing shall be paid for by the buyer of the defendant 21 property. 22 11. Each party shall execute all documents necessary to 23 close escrow, if such signatures are required by the title 24 insurer. 25 12. The United States and its servants, agents, and 26 employees and all other public entities, their servants, agents, 27 and employees, are released from any and all liability arising 28 out of or in any way connected with the filing of the Complaint 4 Final Judgment of Forfeiture 1 and the posting of the defendant real property with the Complaint 2 and Notice of Complaint. 3 applying to all unknown and unanticipated injuries, and/or 4 damages arising out of the filing of the Complaint and the 5 posting of the defendant real property with the Complaint and 6 Notice of Complaint, as well as to those now known or disclosed. 7 Claimant waived the provisions of California Civil Code § 1542. 8 13. This is a full and final release Claimant Todd Hudy shall not take any action, or cause 9 any other person to take any action, to damage or modify the 10 defendant real property from its present condition or other 11 action that may result in a reduction in value of the defendant 12 real property. 13 14. Claimant Todd Hudy shall vacate the defendant real 14 property on 72 hours notice by the U.S. Marshals Service. 15 Claimant further shall remove all personal possessions, and the 16 personal possessions of any former occupant, including all 17 vehicles, furniture, and trash, and to leave the property clean 18 and in the same state of repair as the property was on the date 19 it was posted. 20 and the personal possessions of any former occupant, not removed 21 within 72 hours will be disposed of by the United States without 22 further notice. 23 15. 24 /// 26 /// 27 /// 28 Each party shall bear his/its own costs and attorney fees. 25 Any and all of claimant's personal possessions, /// 5 Final Judgment of Forfeiture 1 16. Pending the sale of the defendant real property, and 2 the disposition of the proceeds, this Court shall retain 3 jurisdiction to enforce the terms of this Final Judgment of 4 Forfeiture. 5 SO ORDERED THIS 29th day of June, 2011. 6 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Final Judgment of Forfeiture

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