Proposed Order Glendale Property — USA v. Ayvazyan et al (Dkt. 1042.1)

Summary

A proposed Order Authorizing Interlocutory Sale, Document 1042-1, filed 10/08/21 in No. CV 20-00579-SVW in the United States District Court for the Central District of California, Western Division, in United States of America v. Richard Ayvazyan and Marietta Tarabelian. The order would grant the government's ex parte application for the interlocutory sale of certain real property in Glendale, California, to be sold for fair market value by the United States Marshals Service with net proceeds substituted as the substitute res. It recites that the sale is appropriate because the property is at risk of deterioration, the expense of keeping it is excessive, and mortgage payments are in default, and that the titled owners are fugitives.

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UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
WESTERN DIVISION 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
RICHARD AYVAZYAN and 
MARIETTA TARABELIAN, 
 
Defendants. 
 
 No. CV 20-00579-SVW 
 
[PROPOSED] 
ORDER AUTHORIZING INTERLOCUTORY 
SALE 
 
834 Calle la Primavera, Glendale, 
CA 
 
 
 
 
 
 
Plaintiff United States of America having filed an ex parte 
application for an order authorizing the interlocutory sale of 
certain real property commonly known as 834 Calle la Primavera, 
Glendale, California, (“Application”), the Court having considered 
the Application, and being fully informed concerning the matter, it 
is hereby ORDERED as follows: 
1. 
 The Application is granted subject to the terms of this 
Order. 
Case 2:20-cr-00579-SVW     Document 1042-1     Filed 10/08/21     Page 1 of 5   Page ID
#:17232

 
 
 
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2. 
The government shall sell the defendants’ asset listed in 
paragraph 4, below, according to the processes and protocols used by 
the United States Marshals Service when disposing of similar, 
forfeited property.  The net proceeds of sale, as described below, if 
any, shall be substituted for the asset as the substitute res in this 
action.  
3. 
Upon entry of this Order, the government, to include the 
United States Marshals Service (“USMS”) and whatever contractors it 
may choose to retain to assist in the execution of this Order, shall 
take exclusive custody, possession, and control of the asset for the 
purpose of preparing and marketing the asset for sale at public 
auction. 
4. 
The defendants’ asset to be sold pursuant to this Order is 
Real Property located at 834 Calle la Primavera, Glendale, 
California, A.P.N. 5663-036-033 (the “Glendale Real Property”) is to 
be sold for fair market value, and the net proceeds of the sale, if 
any, should be substituted to the real property as substitute res in 
this action. 
5. 
An interlocutory sale of Glendale Real Property is  
appropriate and necessary under Rule G(7)(b)(i) of the Supplemental 
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions 
because (i) the property is at risk of deterioration and damage as it 
will likely be uninhabited during the pendency of this litigation if 
it is not sold to a third party; (ii) the expense of keeping the 
property is excessive and/or is disproportionate to its fair market 
value; and (iii) the property is subject to mortgage payments on 
which the title owner is in default. 
Case 2:20-cr-00579-SVW     Document 1042-1     Filed 10/08/21     Page 2 of 5   Page ID
#:17233

 
 
 
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6. 
The procedures set forth in 28 U.S.C. §§ 2001, 2002 and 
2004 (providing for public sale of property under court control) are 
not reasonable, appropriate or likely to yield the highest price for 
the Glendale Real Property.  Because the titled owner(s) of the 
Glendale Real Property are fugitives and the expertise needed to sell 
and market real estate of this nature to the public, the Court orders 
the interlocutory sale according to the terms described herein. 
7. 
The legal description of the Glendale Real Property is:  
Parcel 1: 
Lot 56 of Tract No. 45375, in the City of Glendale, County 
of Los Angeles, State of California, as per map recorded in 
Book 1128, Page(s) 55 to 63 inclusive of Maps, in the 
office of the County Recorder of said County. 
Except therefrom all oil and minerals in, on and under said 
land as reserved by Benjamin Dreyfus in deeds recorded in 
Book 101, Pages 551 and in Book 107, Page 447 both of 
Deeds, in said Office of the County Recorder. 
 
Parcel 2: 
Non-exclusive easements for access, ingress, egress, 
encroachments, maintenance, repair, drainage, support and 
other purposes, all as described in the Master Declaration 
recorded March 7, 1989 as Instrument No. 1989-354873 and 
any amendments thereto. A.P.N. 5663-036-033. 
  
8. 
The USMS shall have full discretion to determine 
appropriate sale procedures and the terms of sale between it and the 
buyers, including but not limited to registration requirements, 
acceptance or rejection of bids, the completion of payment by the 
high bidder, and the Certificate of Title to transfer ownership of 
the defendants.  The USMS shall follow the process it ordinarily 
follows when selling similar forfeited property in this district. 
9. 
The proceeds of the sale of the Glendale Real Property 
shall be distributed as follows: 
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a. 
First, payment of all costs of sale, including 
applicable fees triggered by the sale of the Glendale Real Property 
and actual costs incurred by the government in preparing the Glendale 
Real Property for sale, to include all expenses for transportation, 
storage, maintenance, repair, administrative and sales commission 
fees, which shall be deducted from the gross proceeds of sale;  
b. 
Second, the amount of the first lien due to United 
Wholesale Mortgage or MERS shall be paid to United Wholesale Mortgage 
or MERS by electronic transfer.  United Wholesale Mortgage or MERS 
shall provide all information and complete all documents requested by 
the government to facilitate the payment.  
c. 
Third, to the extent funds remain (the “net 
proceeds”), such funds shall constitute the substitute res subject in 
this forfeiture action in place of the defendants sold. The net 
proceeds shall be wired from the public auction vendor directly to an 
interest-bearing account to be designated by the government, where 
such funds shall be held pending resolution of this forfeiture 
matter.  The government shall provide wiring instructions directly to 
the vendor handling the sale of the Glendale Real Property.  Upon 
delivery of the net proceeds to this interest-bearing account, the 
government shall notify the parties and this Court of the amount that 
has been deposited as the substitute res by filing a notice with the 
Court.  The notice shall state the amount of net proceeds received 
for Glendale Real Property sold. 
10. 
Defendants shall execute any and all documents necessary to 
consummate the sale of Glendale Real Property, convey clear title of 
the Glendale Real Property to the buyer, and further implement the 
terms of the Order for Interlocutory Sale. 
Case 2:20-cr-00579-SVW     Document 1042-1     Filed 10/08/21     Page 4 of 5   Page ID
#:17235

 
 
 
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11. 
The Court shall retain jurisdiction over Glendale Real 
Property to effectuate the terms of the sale and resolve any issues 
or disputes that may arise regarding the interlocutory sale of 
Glendale Real Property. 
Dated: October   , 2021 
       
 
HON. STEPHEN V. WILSON 
United States District Judge 
Respectfully submitted, 
 
TRACY L. WILKISON 
Acting United States Attorney 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division  
JONATHAN GALATZAN 
Assistant United States Attorney 
Chief, Asset Forfeiture Section 
 
 
  /s/ Brent A. Whittlesey      
 
BRENT A. WHITTLESEY 
Assistant United States Attorney 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
Case 2:20-cr-00579-SVW     Document 1042-1     Filed 10/08/21     Page 5 of 5   Page ID
#:17236

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