Judge: Lee W. Tsao, Case: 22NWCP00438, Date: 2023-02-08 Tentative Ruling
Case Number: 22NWCP00438 Hearing Date: February 8, 2023 Dept: C
CALIFORNIA TD
SPECIALISTS v. ORTIZ
CASE
NO.: 22NWCP00438
HEARING: 2/8/23 @ 1:30 PM
#5
TENTATIVE RULING
Claimant Carmen Ortiz’s claim 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 December 8, 2022, Petitioner California TD
Specialists deposited surplus funds of $295,816.57 with the Court.
Prior
to this hearing, the Court was in receipt of two claims filed by: 1) Carmen Ortiz; and 2) The Hendricks Group
D&P, LLC. The Hendricks Group
D&P, LLC has since withdrawn its claim.
Based
on the evidence submitted, the court finds that Carmen Ortiz’s claim is valid
as the Trustor and Owner.
Accordingly,
surplus funds in the amount of $295,816.57
are disbursed in favor of Carmen Ortiz.
Claimant
Ortiz to give NOTICE.