Judge: Michael P. Linfield, Case: 22STCP01020, Date: 2022-09-29 Tentative Ruling

Case Number: 22STCP01020    Hearing Date: September 29, 2022    Dept: 34

SUBJECT:                 Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale

Moving Party:          Petitioner Clear Recon Corp.

Resp. Party:             None

Petitioner Clear Recon Corp.’s Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale is GRANTED.

I.           BACKGROUND

On March 21, 2022, Petitioner Clear Recon Corp. filed a Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale. The petition is unopposed.

II.        ANALYSIS

A.          Legal Standard

“If, after due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the trustee's sale surplus of multiple persons or if the trustee determines there is a conflict between potential claimants, the trustee may file a declaration of the unresolved claims and deposit with the clerk of the superior court of the county in which the sale occurred, that portion of the sales proceeds that cannot be distributed, less any fees charged by the clerk pursuant to this subdivision. The declaration shall specify the date of the trustee's sale, a description of the property, the names and addresses of all persons sent notice pursuant to subdivision (a), a statement that the trustee exercised due diligence pursuant to subdivision (b), that the trustee provided written notice as required by subdivisions (a) and (d) and the amount of the sales proceeds deposited by the trustee with the court. Further, the trustee shall submit a copy of the trustee's sales guarantee and any information relevant to the identity, location, and priority of the potential claimants with the court and shall file proof of service of the notice required by subdivision (d) on all persons described in subdivision (a).” (Civil Code, § 2924j(c).)

B.          Discussion

Monica Chavez, Authorized Signor for Petitioner Clear Recon Corp., declared on March 15, 2022 that surplus proceeds from the sale of the Subject Property, located at 11619 Tarron Avenue, Hawthorne, CA 90250, in the amount of $193,760.57 may not be disbursed due to a conflict between two written claims from potential claimants. (Declaration, ¶¶ 7, 9, 11(b).) Petitioner received claims to the excess proceeds from both George S. Webb as an heir on October 28, 2021 and Sherri Webb as an heir on October 26, 2021. (Declaration, Attachment 11(b), Exs. B, C.)

Petitioner attests that it is unable to verify the validity of George and Sherri Webb’s claims. Petitioner’s Declaration comports with the procedural requirements of Civil Code § 2924j(c). (Declaration, ¶¶ 2, 4, 8, 10, 13, Attachment 8.) Further, a copy of the Trustee’s Sales Guarantee and information relevant to potential claimant identity has been provided. (Declaration, ¶ 12, Attachments 5, 11(b).)

This Petition is unopposed.

III.     CONCLUSION

Petitioner Clear Recon Corp.’s Petition Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale is GRANTED.