Judge: Mark E. Windham, Case: 23STCP02362, Date: 2023-10-04 Tentative Ruling

Case Number: 23STCP02362    Hearing Date: December 18, 2023    Dept: 26

Quality Loan Service Corp. v. Claimants, et al.

HEARING ON DISBURSEMENT OF FUNDS

(Civ. Code § 2924j; Cal. Govt. Code § 68084.1)

TENTATIVE RULING:

SUPRLUS FUNDS OF $1,472.54 ARE AWARDED TO CLAIMANT UNITED STATES OF AMERICA.

ANALYSIS:

On July 6, 2023, Petitioner Quality Loan Service Corporation (“Petitioner”) filed the instant Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”) with respect to the real property located at 4404 Don Zarembo Drive, Los Angeles, California. (Pet., ¶2.) On August 25, 2023, the United States of America (“Claimant”) filed a claim to the surplus funds. (Notice of Claim, filed 08/25/23.)

On October 4, 2023, the Court granted Petitioner’s Motion to Deposit Surplus Funds and for Discharge of Liability. (Minute Order, 10/04/23.) Petitioner was ordered to deposit surplus funds of $1,472.54 and did so on October 13, 2023. (Ibid.) Additionally, the Court set the hearing on disbursement of funds for November 9, 2023 and ordered Petitioner to give notice. (Ibid.) Notice of the ruling was filed and served on October 6, 2023. (Notice of Ruling, 10/06/23.)

The hearing on November 9, 2023 was continued to December 18, 2023. (Minute Order, 11/09/23.)

Discussion

Claimant presents the following evidence in support of its claim. A federal judgment was entered against Vince D. Williams aka Vince Dushaun Williams (“Williams”) on March 14, 2002 in the amount of $23,183.07 for his guaranteed student loans. (Claim, filed 08/25/23, Carpenter-Gallo Decl., ¶2 and Exh. 1.) An abstract of judgment recorded on January 25, 2012 with respect to the judgment. (Ibid.) Williams was the owner of the subject property just prior to the foreclosure sale on February 23, 2023. (Pet., Attachment 11B, Exh. B.) Based on the the abstract of judgment, Claimant had a lien on the subject property prior to its forclosure sale. (Id. at Attachment 5, p. 14.)

Based on the foregoing, Claimant is awarded the surplus funds of $1,472.54.

Court clerk to give notice to all parties, claimants, and interested parties.