Judge: Lee W. Tsao, Case: 22NWCP00371, Date: 2023-01-11 Tentative Ruling
Case Number: 22NWCP00371 Hearing Date: January 11, 2023 Dept: C
CALIFORNIA TD
SPECIALISTS v. GOMEZ
CASE
NO.: 22NWCP00371
HEARING: 1/11/23 @ 1:30 PM
#6
TENTATIVE ORDER
Claimants Noel L. Vaughan, Jr.
Trustee of the Noel L. Vaughan, Jr. Trust UDT DTD (“Vaughan”) and Marco Gomez
and Sharann Gomez’s motion claims to surplus funds is GRANTED.
CC § 2924k(a) provides:
The trustee, or the clerk of the court upon order to the clerk pursuant
to subdivision (d) of Section 2924j, shall distribute the proceeds, or a
portion of the proceeds, as the case may be, of the trustee's sale conducted
pursuant to Section 2924h in the following order of priority:
(1)
To the costs and expenses of exercising the
power of sale and of sale, including the payment of the trustee's fees and
attorney's fees permitted pursuant to subdivision (b) of Section 2924d and subdivision
(b) of this section.
(2)
To the payment of the obligations secured by
the deed of trust or mortgage which is the subject of the trustee's sale.
(3)
To satisfy the outstanding balance of
obligations secured by any junior liens or encumbrances in the order of their
priority.
(4)
To the trustor or the trustor's successor in
interest. In the event the property is sold or transferred to another, to the
vested owner of record at the time of the trustee's sale.
After the three-year period, the executive
officer of the superior court may cause a notice containing information
regarding the funds and the intentions of the court once a week for two
successive weeks in a newspaper of general circulation. (Gov. Code § 68084.1(b).) Before the publication of the notice by the
court, an interested party may file a claim with the court executive officer.
(Gov. Code § 68084.1(c).)
On September 21, 2022, Petitioner California
TD Specialists deposited surplus funds of $77,565.44 with the Court.
The
Court is in receipt of two claims submitted by:
1) Claimant Noel L. Vaughan, Jr. Trustee of the Noel L. Vaughan, Jr.
Trust UDT DTD (“Vaughan”) 12/12/2015 in the total amount of $22,522.30; and 2)
Marco Gomez and Sharann Gomez as the present owners of the property.
Surplus
funds in the amount of $22,522.30 are disbursed in favor of Vaughan, and the
remainder in the sum of $55,043.14 are disbursed to Marco Gomez and Sharann
Gomez, as husband and wife.
Court
Clerk to give NOTICE.