Judge: Layne H. Melzer, Case: "InRe:22145PheasantStreet,LakeForest,CA92630", Date: 2023-08-03 Tentative Ruling

Petitioner Quality Loan Service Corp.

Unresolved Claims

The hearing on the Orange County Department of Child Support Services’ (“Claimant”) claim to surplus funds is continued to 9/14/23 at 2PM.

On 6/1/23, the Court granted Petitioner Quality Loan Service Corp.’s petition to deposit surplus funds in the amount of $163,349.34 resulting from the trustee’s sale of real property known as 22145 Pheasant Street, Lake Forest, CA 92630.

Since that time, Claimant filed a claim for $9,268.39.  (Bauer Decl., ¶ 8.)

The declaration Claimant submitted in support of its claim, states that Claimant is a Judgment Creditor under an Abstract of Judgment dated 6/25/10. (Bauer Decl., Ex. 1.) It states that the Abstract evidences a lien on the subject property in Lake Forest that was sold and was the subject of the petition to deposit surplus funds. (Bauer Decl., ¶ 5.) 

This is not accurate. The Abstract of Judgment that was submitted only references the date of the Judgment (1/26/09), that it is “an order for payment of spousal, family, or child support,” and that the Judgment Debtor is Poema Smith. It does not state the amount, or that there is a lien on the subject real property.

In short, nothing has been submitted to support the statements in the declaration regarding the claim to the surplus funds.

If Claimant would like the Court to consider said claim, it shall submit actual evidence to support it, no later than 10 days prior to the continued hearing date.

 Claimant is ordered to give notice.