Judge: Layne H. Melzer, Case: "InRE:1702WestMyrtleStreet,SantaAna,California92703", Date: 2023-06-15 Tentative Ruling

Petitioner Clear Recon Corp

Unresolved Claims

Surplus funds of $255,966.29 from the trustee’s sale of the real property located at 1702 West Myrtle Street, Santa Ana CA 92703 (the “property) have been deposited with the court.  Socorro Santana claims these funds as the remaining trustor.  This claim is granted, and the court will order distribution of the surplus fund to Claimant Socorro Santana as remaining trustor.

Counsel for Claimant is to submit a proposed order.

Where there are surplus proceeds, the statute sets the priority for distribution. Under Civil Code § 2924k(a)(4), after the outstanding balance of obligations secured by any junior liens or encumbrances in the order of priority are satisfied, the remainder of any surplus proceeds should be disbursed to the trustor or the trustor's successor in interest.  Here, that is Socorro Santana.

She and her husband were on the deed of trust.  She declares the other names that came on and off at various times were persons with no interest in the property but were helping her husband try to avoid foreclosure.  [Santana Declaration (ROA #15), ¶¶6-7.] Claimant’s husband died 1/2/21.  [ROA # 38, Ex. B.]