Judge: Melvin D. Sandvig, Case: 24CHCP00156, Date: 2024-08-13 Tentative Ruling

Case Number: 24CHCP00156    Hearing Date: August 13, 2024    Dept: F47

Dept. F47

Date: 8/13/24

Case #24CHCP00156

HEARING ON CLAIMS TO DETERMINE DISBURSEMENT

OF

SURPLUS FUNDS ON DEPOSIT PURSUANT TO CIVIL CODE 2924j(c) & (d)

RULING:

Evelyn Butler was the trustor under the Deed of Trust executed on 9/10/04 for property located at 12732 Daventry St. in Los Angeles, California (the Property).  On 8/10/22, the Property was sold at a trustee’s sale for $499,000.00.  After payment of the amounts required by Civil Code 2924k(a)(1)-(2), there were $88,075.24 in surplus funds from the trustee’s sale available for potential claimants. 

After sending notice to all persons with a recorded interest in the Property as of the date immediately prior to the trustee’s sale who would be entitled to notice, the Trustee/Petitioner Entra Default Solutions LLC received 3 written claims from potential claimants who claim to be the heirs of Evelyn Butler, now deceased: (1) Byron G. Carter, (2) Sheri Cassandra Carter and Lisa A. Maples (collectively, Claimants).  The Claimants are represented by Aniela K. Szymanski.  Despite multiple requests, the Claimants failed to provide documentation to Petitioner to establish that they were the heirs of the former trustor, Evelyn Butler.  Petitioner did not receive claims from other potential claimants – i.e., Secretary of Housing and Urban Development. 

Based on the foregoing, on 4/26/24, Petitioner filed the instant petition to deposit the surplus funds in the amount of $81,278.71, after deducting its fees and expenses as permitted by Civil Code 2924k(a)(1) and (b). On 5/9/24, this Court signed an order to deposit the surplus funds with the clerk of the court. 

On 6/10/24, the Court sent notice of the instant hearing to the potential claimants of the funds on deposit which ordered them to file and serve any claims to the surplus funds within 15 days of the 8/13/24 hearing date. 

As of 8/8/24 (5 days before the hearing date), no claims have been filed.  Since no claim to the funds has been filed, the funds are prdered escheat to the State of California as unclaimed property.