Judge: Lee W. Tsao, Case: 22NWCP00050, Date: 2023-05-10 Tentative Ruling

Case Number: 22NWCP00050    Hearing Date: May 10, 2023    Dept: C

QUALITY LOAN SERVICE CORP. v. all claimants to surplus funds

CASE NO.: 2NWCP00050

HEARING:  5/10/23 @ 1:30 PM

#6

TENTATIVE RULING

Petitioner Quality Loan Service Corp.’s motion for order to deposit surplus funds and discharge Petitioner is GRANTED.

Moving Party to give NOTICE.

Petitioner Quality Loan Service Corp. requests surplus funds be deposited with the Clerk of Court and discharge pursuant to Civil Code § 2924j and fees and costs pursuant to Civil Code § 2924k.

No Opposition was filed as of May 10, 2023.

Discussion

Petitioner Quality Loan Service Corp. (Quality Loan) moves the Court for an order allowing deposit of surplus funds from a trustee’s sale with the Court, a discharge of further responsibility, and an allowance of fees and costs prior to deposit. 

Quality Loan identifies surplus proceeds from the June 21, 2022 sale of property located at 11957 Cyclops Street, Norwalk, California 90650. (Mot., at p. 1.) Quality Loan seeks reductions of $3,448.34 for costs and expenses related to distribution of the sale proceeds. (Mot., at p. 3.) Quality Loan seeks to deposit 128,377.17 with the Clerk of Court.  (Boyd Decl., ¶ 7.)

The Motion and Declaration comply with the requirements of Civil Code section 2924j. Quality Loan sent a notices of surplus funds from trustee sale to all persons with a recorded interest on September 22, 2022 and November 8, 2022. (Boyd Decl., ¶¶ 3 and 4, Exh. A and B.) Quality Loan has served a notice of surplus funds by first-class mail to all persons with a recorded interest on February 15, 2023. (Boyd Decl., ¶ 6, Exh. C.) 

The fees and costs incurred by Quality Loan in the amount of $3,448.34 are approved. Quality Loan shall deposit surplus funds with the Clerk of Court.

It is further ORDERED that a hearing pursuant to CCP § 2924j(d) is scheduled for August 9, 2023 at 10:30 AM in Dept. SE-C. The Court will consider all claims filed on or by 15 days prior to the hearing.

Upon service of Notice of the new hearing date to all potential claimants, Quality Loan will be discharged of further responsibility for the disbursement of surplus funds in accordance with CCP § 2924j(c) and will be excused from participating in any further proceedings and hearings in this matter.