Proposed Order Palm Desert Property — USA v. Ayvazyan et al (Dkt. 1042.3)

Summary

Filed October 8, 2021 as Document 1042-3 in Case 2:20-cr-00579-SVW (C.D. Cal.), this is a [Proposed] Order Authorizing Interlocutory Sale of real property in Palm Desert, California, captioned against Richard Ayvazyan and Marietta Tarabelian. The proposed order would let the government, through the United States Marshals Service, sell the property at public auction for fair market value, with net proceeds substituted as the res. It recites that sale is appropriate because the property is at risk of deterioration, the cost of keeping it is excessive, and it is subject to mortgage payments in default. It also recites that the titled owners are fugitives, and directs that costs and the first lien be paid before net proceeds go to an interest-bearing account.

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Full text

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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 
 
74203 Anastacia Lane, Palm Desert, 
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 74203 Anastacia Lane, Palm 
Desert, 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 1042-3     Filed 10/08/21     Page 1 of 7   Page ID
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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 74203 Anastacia Lane, Palm Desert, 
California, A.P.N. 694-331-008 (the “Palm Desert 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 Palm Desert 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 1042-3     Filed 10/08/21     Page 2 of 7   Page ID
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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 Palm Desert Real Property.  Because the titled owner(s) of the 
Palm Desert 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 Palm Desert Real Property is:  
Described real property in the County of Riverside, State 
of California: 
PARCEL 1: 
 
LOT 8 OF TRACT NO. 36554-1 IN THE CITY OF PALM DESERT, 
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS PER MAP 
RECORDED IN THE BOOK 438 PAGES 98 AND 99, INCLUSIVE, OF 
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF CALIFORNIA. 
 
PARCEL 2: 
 
NON-EXCLUSIVE EASEMENTS APPURTENANT TO PARCEL 1 ABOVE, ON 
AND OVER THE “COMMON AREA” AS DEFINED IN THE DECLARATION OF 
COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF 
EASEMENTS FOR ENCORE PALM DESERT (“DECLARATION”) RECORDED 
IN THE OFFICE OF SAID COUNTY RECORDER OF CALIFORNIA ON 
DECEMER 23, 2013 AS INSTRUMENT NO. 2013-0591271, FOR 
ACCESS, USE, OCCUPANCY, ENJOYMENT, INGRESS AND EGRESS OF 
THE AMENITIES LOCATED THEREON.  THE COMMON AREA IS FOR THE 
USE OF OWNERS OF LOTS WHICH ARE SUBJECT TO THE DECLARATION 
AND IS NOT FOR THE USE OF THE GENERAL PUBLIC. A.P.N. 694-
331-008. 
 
8. 
The USMS shall have full discretion to determine 
appropriate auction and sale procedures and the terms of auction and 
sale between it and 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 
Case 2:20-cr-00579-SVW     Document 1042-3     Filed 10/08/21     Page 3 of 7   Page ID
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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 Palm Desert Real Property 
shall be distributed as follows: 
a. 
First, payment of all costs of sale, including 
applicable fees triggered by the sale of the Palm Desert Real 
Property and actual costs incurred by the government in preparing the 
Palm Desert 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 Palm Desert 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 
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Court.  The notice shall state the amount of net proceeds received 
for Palm Desert Real Property sold. 
10. 
Defendants shall execute any and all documents necessary to 
consummate the sale of Palm Desert Real Property, convey clear title 
of the Palm Desert Real Property to the buyer, and further implement 
the terms of the Order for Interlocutory Sale. 
11. 
The Court shall retain jurisdiction over Palm Desert Real 
Property to effectuate the terms of the sale and resolve any issues 
or disputes that may arise regarding the interlocutory sale of Palm 
Desert 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 1042-3     Filed 10/08/21     Page 5 of 7   Page ID
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PROOF OF SERVICE BY MAILING 
 
I am over the age of 18 and not a party to the within 
action.  I am employed by the Office of the United States 
Attorney, Central District of California.  My business address 
is 312 North Spring Street, 14th Floor, Los Angeles, CA 90012. 
 
On October 8, 2021, I served a copy of: EX PARTE 
APPLICATION FOR ORDER AUTHORIZING INTERLOCUTORY SALE OF REAL 
PROPERTY SUBJECT TO FORFEITURE; DECLARATION OF BRENT A. 
WHITTLESEY, and [PROPOSED] ORDERS upon each person or entity 
named below by enclosing a copy in an envelope addressed as 
shown below and placing the envelope for collection and mailing 
on the date and at the place shown below following our ordinary 
office practices. 
TO: SEE SERVICE LIST 
 X  I am readily familiar with the practice of this office for 
collection and processing correspondence for mailing.  On the 
same day that correspondence is placed for collection and 
mailing, it is deposited in the ordinary course of business with 
the United States Postal Service in a sealed envelope with 
postage fully prepaid. 
 
I declare under penalty of perjury under the laws of the 
United States of America that the foregoing is true and correct. 
 
I declare that I am employed in the office of a member of 
the bar of this court at whose direction the service was made. 
 
Executed on: October 8, 2021 at Los Angeles, California. 
 
 
 
 
 
 
 
 
 
     /s/ S. Beckman 
 
 
 
 
 
 SHANNEN BECKMAN 
 
 
 
Case 2:20-cr-00579-SVW     Document 1042-3     Filed 10/08/21     Page 6 of 7   Page ID
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SERVICE LIST 
United Wholesale Lender 
585 South Boulevard E 
Pontiac, MI 48341 
 
Richard J. Reynolds, Esq. 
1851 East First Street, Ste 1550 
Santa Ana, CA 92705-4067 
 
Brian S. Thomley, Esq. 
2112 Business Center Dr., Fl 2 
Irvine, CA 92612 
Case 2:20-cr-00579-SVW     Document 1042-3     Filed 10/08/21     Page 7 of 7   Page ID
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