Judge: Olivia Rosales, Case: VS012173, Date: 2022-10-19 Tentative Ruling
Case Number: VS012173 Hearing Date: October 19, 2022 Dept: SEC
IN RE: 3386 BROADWAY ST.,
HUNTINGTON PARK, CA
CASE NO.: VS012173
HEARING: 10/19/22 @ 1:30 PM
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TENTATIVE RULING
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 February 16, 2018, having found that the
surplus funds have remained unclaimed for more than three years, this court ordered
the funds in the sum of $53,101.94 escheated pursuant to Gov. Code § 68084.1.
Emilio Naranjo and Maria Jimenez fka Maria Pastor now claim that they are owed the surplus
funds because they owned 75% of the property.
(Sherron Decl., ¶ 5, Ex. 1.) Claimants
purchased the property on January 3, 2007.
(Id.)
The court finds that the funds do not belong
to Claimants. The Petition filed in this
matter on March 24, 2004, indicates that the Trustee’s Sale occurred on January 12, 2004. (Petition, ¶ 4.) The within Claimants did not purchase the
property until January 3, 2007, after the Trustee’s Sale that is the subject of
this action.
Accordingly, the motion is DENIED.