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U.S. v. CARRANZA, 1:14-cv-00838-KJM-GSA. (2015)

Court: District Court, E.D. California Number: infdco20150717e02 Visitors: 24
Filed: Jul. 17, 2015
Latest Update: Jul. 17, 2015
Summary: ORDER STAYING EXECUTION OF ORDER OF FORECLOSURE AND JUDICIAL SALE KIMBERLY J. MUELLER , District Judge . Plaintiff, the United States of America ("United States"), and defendants Julian Carranza and Bertha Carranza ("the Carranzas"), have entered into a settlement agreement to stay the execution of the Court's Order of Foreclosure and Judicial Sale in order to provide the Carranzas with an opportunity to privately sell the Subject Property described in paragraph twenty (20) of the United St
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ORDER STAYING EXECUTION OF ORDER OF FORECLOSURE AND JUDICIAL SALE

Plaintiff, the United States of America ("United States"), and defendants Julian Carranza and Bertha Carranza ("the Carranzas"), have entered into a settlement agreement to stay the execution of the Court's Order of Foreclosure and Judicial Sale in order to provide the Carranzas with an opportunity to privately sell the Subject Property described in paragraph twenty (20) of the United States' First Amended Complaint to fully satisfy the outstanding tax liabilities at issue in this litigation.

Pursuant to the Stipulation between the parties, IT IS HEREBY ORDERED:

(1) The Order of Foreclosure and Judicial Sale entered by this Court is stayed until June 15, 2016, at which point this stay will automatically expire.

(2) If the Carranzas successfully sell the Subject Property through a private sale or otherwise fully satisfy the United States' federal tax liens at issue in this action prior to June 15, 2016, then this Court shall be promptly notified.

(3) At all times until the ultimate disposition of the Subject Property, and consistent with the Order of Foreclosure and Judicial Sale, the Carranzas shall take all reasonable steps necessary to preserve the Subject Property, including all buildings, improvements, fixtures, and appurtenances to the Subject Property, in its current condition, including, without limitation, maintaining a fire and casualty insurance policy. They shall neither commit waste against the Subject Property nor permit anyone else to do so;

(4) At all times until the ultimate disposition of the Subject Property, and consistent with the Order Foreclosure and Judicial Sale, the Carranzas shall neither do anything that tends to reduce the value or marketability of the Subject Property nor cause or permit anyone else to do so. They shall not record any instruments, publish any notice, or take any other action (such as running newspaper advertisements or posting signs) that may directly or indirectly tend to adversely affect the value of the Subject Property or that may tend to deter or discourage potential bidders from participating in a public auction, should one ultimately become necessary, nor shall they cause or permit anyone else to do so;

(5) Until the expiration of this stay of execution of the Order of Foreclosure and Judicial Sale on June 15, 2016, and within any extension of time granted by the United States to facilitate an orderly sale, the Carranzas shall use good faith efforts to sell the Subject Property at its fair market value to a bona fide purchaser for value.

IT IS SO ORDERED.

Source:  Leagle

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