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FIRST AMERICAN TRUSTEE SERVICE v. 119 KATHY COURT, CV 11-2221 RS. (2011)

Court: District Court, N.D. California Number: infdco20110915e07 Visitors: 5
Filed: Sep. 15, 2011
Latest Update: Sep. 15, 2011
Summary: STIPULATION AND [PROPOSED] ORDER RICHARD SEEBORG, District Judge. The parties, First American Trustee Servicing Solutions, and Defendants, United States of America; Ford Motor Credit, and Rebecca Taliaferro, hereby stipulate, subject to the Court's approval, as follows: 1. This action, in the nature of an interpleader, was filed by First American Trustee Servicing Solutions, as Trustee of the foreclosure sale of 119 Kathy Court, Union City, California. 2. The funds at issue are $63,666
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STIPULATION AND [PROPOSED] ORDER

RICHARD SEEBORG, District Judge.

The parties, First American Trustee Servicing Solutions, and Defendants, United States of America; Ford Motor Credit, and Rebecca Taliaferro, hereby stipulate, subject to the Court's approval, as follows:

1. This action, in the nature of an interpleader, was filed by First American Trustee Servicing Solutions, as Trustee of the foreclosure sale of 119 Kathy Court, Union City, California.

2. The funds at issue are $63,666.71, which are the funds remaining after payment of costs associated with the foreclosure sale, including payment of the first deed of trust.

3. First American Trustee Servicing Solutions, as Trustee, deducted costs associated with the sale in the amount of $2,501.50, along with an attorney's fee in the amount of $1,110.00, and deposited the remaining sales proceeds, in the amount of $60,055.21, with the Clerk of Court in Alameda County, California, in November 2010.

4. The competing claimants to the interpled funds are the United States of America on behalf of its agency, the Internal Revenue Service; Paul Mansford, Chapter 7 Trustee; Ford Motor Credit Company; Rebecca Taliaferro; Professional Collection Consultants; and the California State Franchise Board.

5. Defendant, Rebecca Taliaferro, is a debtor in a pending bankruptcy case filed under Chapter 7 of the Bankruptcy Code (11 U.S.C.). In re: Rebeca Taliaferro, Case No. 09-44577-EDJ (Bankr. N.D. Calif.).

6. Defendant, Rebecca Taliaferro, will file an adversary proceeding in the bankruptcy court to determine the validity, extent and priority of the interests of the parties in and to the interpled funds. Said adversary proceeding will be filed within thirty days from entry of this Order.

7. That the funds interpled into the registry of the state court, as described in paragraph 3, above, be held pending further order of this Court.

8. That First American Trustee Servicing Solutions, as Trustee, pay the $1,110.00 withheld as an attorney's fee to the Clerk of Court for the Northern District of California.

9. That upon deposit of the $1,110.00 as set forth in paragraph 8, above, First American Trustee Servicing Solutions, as Trustee, who is not a stakeholder in the action, should be dismissed as a party herein.

10. That this action is stayed pending the disposition of the adversary proceeding in the bankruptcy court.

ORDER

Pursuant to the Stipulation of the Parties, it is hereby ORDERED, ADJUDGED and DECREED, as follows:

That the funds interpled into the registry of the state court, be held pending further order of this Court;

That First American Trustee Servicing Solutions, as Trustee, pay the $1,110.00 withheld as an attorney's fee to the Clerk of Court for the Northern District of California;

That upon deposit of the $1,110.00 as set forth above, First American Trustee Servicing Solutions, is dismissed as a party to this action;

That this case is stayed pending further order by this Court;

A case management conference is scheduled for February 16, 2012, at 10:00.

Source:  Leagle

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