Judge: Mark E. Windham, Case: 24STCP00674, Date: 2024-07-10 Tentative Ruling

Case Number: 24STCP00674    Hearing Date: July 10, 2024    Dept: 26

Quality Loan Service Corp. v. Claimants, et al

PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE’S SALE

(Civ. Code §§ 2924(c)-(d))

TENTATIVE RULING:

On March 1, 2024, 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 1712 E. 115th Street, Los Angeles, California. (Pet., ¶2.) To date, no one has filed a claim to the funds.

The gross amount of deposit is $22,558.49, after deducting for attorney fees and expenses. (Pet., ¶16.) Having reviewed the Petition, the Court finds that it satisfies the requirements of Civil Code section 2924j with respect to the contents of the Trustee’s declaration, Trustee’s notice and service of written notice to all potential claimants to the surplus funds. Based on the foregoing, the Petition to Deposit Undistributed Surplus Proceeds of Trustee’s Sale and for Discharge of Liability is GRANTED EFFECTIVE UPON PETITIONER’S COMPLIANCE WITH THIS ORDER, AS FOLLOWS.

PETITIONER IS ORDERED TO DEPOSIT SURPLUS FUNDS OF $22,558.49 WITH THE COURT WITHIN 30 DAYS OF THIS ORDER. PETITIONER IS FURTHER ORDERED TO GIVE NOTICE OF THE HEARING ON CLAIMS TO ALL POTENTIAL CLAIMANTS WITHIN 30 DAYS OF THIS ORDER.

UPON DEPOSIT OF THE FUNDS TO THE COURT AND FILING OF THE PROOF OF SERVICE OF THE NOTICE OF DISBURSEMENT HEARING, PETITIONER SHALL BE DISCHARGED FROM FURTHER RESPONSIBILITY FOR THE DISBURSEMENT OF SALE PROCEEDS. (CIVIL CODE, § 2924J, SUBD. (C).)

THE HEARING ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS IS SET FOR OCTOBER 9, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. EACH CLAIMANT MUST FILE A WRITTEN CLAIM WITHIN 30 DAYS OF THIS ORDER. THE WRITTEN CLAIM SHALL INCLUDE A DECLARATION SETTING FORTH THE BASIS FOR THE CLAIM OF OWNERSHIP OR INTEREST. (CIVIL CODE, § 2924J, SUBD. (D).) ALL CLAIMANTS MUST ALSO PERSONALLY APPEAR AT THE DISBURSEMENT HEARING.

Moving party to give notice to all parties, claimants, and interested parties.