United States of America v. Real Property Located at 70 Centennial Avenue, Chico, California, No. 2:2008cv01107 - Document 44 (E.D. Cal. 2010)

Court Description: FINAL JUDGMENT OF FORFEITURE and CERTIFICATE OF REASONABLE CAUSE signed by Judge John A. Mendez on 10/21/10. (Owen, K)
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United States of America v. Real Property Located at 70 Centennial Avenue, Chico, California 1 2 3 4 5 Doc. 44 BENJAMIN B. WAGNER United States Attorney KRISTIN S. DOOR, SBN 84307 Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916)554-2723 Attorney for Plaintiff United States of America 6 7 8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 17 Plaintiff, v. REAL PROPERTY LOCATED AT 70 CENTENNIAL AVENUE, CHICO, CALIFORNIA, BUTTE COUNTY, APN: 018-010-049-000 (FORMERLY APN: 011-010-049), INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 18 Defendant. ) 2:08-CV-01107-JAM-KJM ) ) ) FINAL JUDGMENT OF FORFEITURE ) ) ) ) ) ) ) ) ) ) ) ) 19 20 21 22 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 1. This is a civil forfeiture action against certain real 23 property located at 70 Centennial Avenue, Chico, California, 24 Butte County, APN: 018-010-049-000 (formerly APN: 011-010-049) 25 (hereafter “defendant real property”),and more fully described in 26 Exhibit A, attached hereto and incorporated herein by reference. 27 28 2. A Verified Complaint for Forfeiture In Rem (hereafter “Complaint”) was filed on May 20, 2008, seeking the forfeiture of 1 Final Judgment of Forfeiture Dockets.Justia.com 1 the defendant real property, alleging that said property is 2 subject to forfeiture to the United States of America pursuant to 3 21 U.S.C. § 881(a)(7). 4 5 6 3. On May 28, 2008, the defendant real property was posted with a copy of the Complaint and Notice of Complaint. 4. On June 5, 12, 19, and 26, 2008, a Public Notice of 7 Posting of the defendant real property appeared by publication in 8 The Oroville Mercury-Register, a newspaper of general circulation 9 in the county in which the defendant real property is located 10 11 (Butte County). 5. In addition to the Public Notice of Posting having been 12 completed, the United States gave or attempted to give actual 13 notice to the following individuals and entities: 14 a. Elaine I. Meiri 15 b. GreenPoint Mortgage Funding, Inc. 16 c. MERS 17 d. J. Scott Beyers and Stephanie L. Beyers 18 6. Claimant Meiri filed a verified statement of interest 19 and answer alleging an interest in the defendant real property. 20 GreenPoint also filed a verified claim and answer alleging an 21 interest in the defendant real property. 22 7. No other parties have filed claims or answers in this 23 matter and the time for which any person or entity may file a 24 claim and answer has expired. 25 26 27 28 8. Based on the above findings, and the files and records of this Court, it is hereby ORDERED AND ADJUDGED as follows: 9. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this 2 Final Judgment of Forfeiture 1 2 action. 10. Judgment is hereby entered against Elaine I. Meiri, 3 GreenPoint Mortgage Funding, Inc., and all other potential 4 claimants who have not filed claims in this action. 5 11. Within thirty (30) days from the date this stipulation 6 is signed, Claimant Meiri shall pay to the United States the sum 7 of $17,000.00 (the “settlement amount”) as the substitute res in 8 lieu of the forfeiture of the defendant real property. 9 12. Claimant Meiri shall send a cashier’s check for the 10 settlement amount, made payable to the U.S. Marshals Service, to 11 the U.S. Attorney’s Office, Attn: Asset Forfeiture Unit, 501 I 12 Street, Suite 10-100, Sacramento, CA 95814. 13 and interest in said funds shall be forfeited to the United 14 States pursuant to 21 U.S.C. § 881(a)(7), to be disposed of 15 according to law. 16 13. All right, title, Within thirty (30) days of full payment of the 17 settlement amount, the United States shall record a withdrawal of 18 the lis pendens against the defendant real property. 19 14. Plaintiff United States of America and its servants, 20 agents, and employees are hereby released from any and all 21 liability arising out of or in any way connected with the filing 22 of the Complaint and the posting of the defendant real property 23 with the Complaint and Notice of Complaint. 24 final release applying to all unknown and unanticipated injuries, 25 and/or damages arising out of or in any way connected with the 26 filing of the Complaint and the posting of the defendant real 27 property with the Complaint and Notice of Complaint, as well as 28 to those now known or disclosed. This is a full and The parties to the stipulation 3 Final Judgment of Forfeiture 1 2 waive the provisions of California Civil Code § 1542. 15. There was reasonable cause for the posting of the 3 defendant real property and the commencement and prosecution of 4 this forfeiture action, and Certificate of Reasonable Cause 5 pursuant to 28 U.S.C. § 2465 shall be entered accordingly. 6 16. Nothing in the settlement shall be construed to impair 7 any rights claimant GreenPoint Mortgage Funding, Inc. has under 8 its note and deed of trust that is the basis for its claim in 9 this action. 10 17. 11 12 All parties are to bear their own costs and attorneys' fees. SO ORDERED THIS 21st day of October, 2010. 13 14 /s/ John A. Mendez____ JOHN A. MENDEZ United States District Judge 15 16 17 18 CERTIFICATE OF REASONABLE CAUSE Pursuant to the Stipulation for Final Judgment of Forfeiture 19 filed herein, and the allegations set forth in the Complaint 20 filed May 20, 2008, the Court enters this Certificate of 21 Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was 22 reasonable cause for the posting of the defendant real property 23 with the notice of forfeiture and for the commencement and 24 prosecution of this action. 25 26 Dated: October 21, 2010 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge 27 28 4 Final Judgment of Forfeiture 1 Exhibit A 70 Centennial Avenue, Chico, CA 2 3 ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CHICO, COUNTY OF BUTTE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: 4 5 6 7 8 9 10 11 12 13 BEING A PORTION OF LOT 5, ACCORDING TO THAT CERTAIN MAP ENTITLED, "MAP OF THE TWENTY-FIRST SUBDIVISION OF THE BIDWELL RANCHO", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, NOVEMBER 11, 1912, IN MAP BOOK 7, AT PAGE 49, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE LINE DIVIDING LOTS 3 AND 5 OF SAID SUBDIVISION DISTANT THEREON SOUTH 56 56' EAST 752.4 FEET FROM THE POINT OF INTERSECTION OF THE LINE DIVIDING LOT 4 AND 5, SAID SUBDIVISION WITH THE SOUTHERLY LINE OF BIDWELL PARK; RUNNING SOUTH 56 56' EAST ALONG SAID LINE DIVIDING SAID LOTS 3 AND 5, A DISTANCE OF 80 FEET TO A POINT; THENCE NORTH 33 04' EAST 300 FEET THROUGH SAID LOT 5 TO A POINT ON THE LINE BETWEEN LOTS 5 AND 6 OF SAID SUBDIVISION; THENCE NORTH 56 56' WEST ALONG LAST MENTIONED LINE 80 FEET TO A POINT; THENCE SOUTH 33 04' WEST THROUGH SAID LOT 5, A DISTANCE OF 300 FEET TO THE POINT OF BEGINNING. 14 AP NO. 011-010-049 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Final Judgment of Forfeiture