Joint STIPULATION for Order RECOGNIZING THE LIEN OF ENCORE SERIES COMMUNITY INC.… — USA v. Ayvazyan et al (Dkt. 1218)

Summary

A Joint Stipulation Recognizing Lien of Encore Series Community Inc. in Real Property Located in Palm Desert, California, Document 1218 filed 12/27/21 in United States of America v. Richard Ayvazyan et al., No. CR 20-00579-SVW, in the Central District of California. The United States and Encore Series Community Inc. stipulate that Encore holds a valid pre-existing lien on the property, which is not contested by Plaintiff, for delinquent homeowner association fees of $2,759.00. They agree that upon the sale of the property the United States will remit to Encore $2,759.00 plus fees accruing after November 16, 2021, at $93.00 per month and related costs not to exceed $1,000.00, as total satisfaction of the lien. The stipulation also sets an order of priority for distributing sale funds, beginning with the costs of sale and the first lien due to United Wholesale Mortgage or MERS.

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TRACY L. WILKISON 
United States Attorney 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
JONATHAN GALATZAN 
Assistant United States Attorney 
Chief, Asset Forfeiture Section          
DAN G. BOYLE (Cal Bar No. 332518) 
Assistant United States Attorney  
   Federal Courthouse, 14th Floor  
   312 North Spring Street 
   Los Angeles, California 90012 
   Telephone:  (213) 894-2426 
   Facsimile:  (213) 894-0142 
   E-mail: Daniel.Boyle2@usdoj.gov 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
WESTERN DIVISION 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
RICHARD AYVAZYAN, 
     Aka “Richard Avazian” and    
“Iuliia Zhadko,” et al., 
 
Defendants. 
 
 
 
 
 No. CR 20-00579-SVW 
 
STIPULATION RECOGNIZING LIEN OF  
ENCORE SERIES COMMUNITY INC.  
IN REAL PROPERTY LOCATED IN PALM 
DESERT, CALIFORNIA, WITH 
ASSESSOR’S PARCEL NUMBER: 694-331-
008 
 
  
 
 
Plaintiff United States of America (“Plaintiff”) and Encore 
Series Community Inc. (“Encore”) hereby stipulate and agree to the 
following: 
1. 
On March 9, 2021, the Plaintiff filed a First Superseding 
Indictment including an allegation of forfeiture in regard to the 
real property located at 74203 Anastacia Lane, Palm Desert, 
Case 2:20-cr-00579-SVW     Document 1218     Filed 12/27/21     Page 1 of 5   Page ID
#:19462

 
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California 92211, with Assessor’s Parcel Number: 694-331-008 (the 
“Subject Property”). 
2. 
On or about September 1, 2020, Encore began assessing 
homeowner association (“HOA”) fees in the amount of $75.00 per month, 
and $18.00 per month in late fees to titled owner Viktoria Kauichko, 
aka Marietta Terabelian.  
3. 
On or about December 1, 2021, Plaintiff was informed by 
Encore the HOA fees were delinquent in the amount of $2,759.00.  
4. 
Encore holds a valid pre-existing lien on the Subject 
Property, which lien is not contested by Plaintiff.  
5. 
The parties agree that upon the sale of the Subject 
Property, Plaintiff will remit to Encore the amount of $2,759.00 plus 
fees accruing after November 16, 2021, at $93.00 per month and any 
related costs accruing after November 16, 2021, which shall not 
exceed $1,000.00, which will be a total satisfaction of Encore’s 
lien.   
6. 
The parties agree to execute further documents, to the 
extent necessary, to convey clear title to the Subject Property to 
Plaintiff and to further implement the terms of this Stipulation.  
7. 
The terms of this Stipulation are contingent upon sale of 
the Subject Property to Plaintiff.  
8. 
Plaintiff and Encore agree that upon the sale of the 
Subject Property, the funds generated by the sale shall be 
distributed in the following order of priority, if available:  
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 
Case 2:20-cr-00579-SVW     Document 1218     Filed 12/27/21     Page 2 of 5   Page ID
#:19463

 
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transportation, storage, maintenance, repair, administrative and 
sales commission fees, which shall be deducted from the gross 
proceeds of sale; 
b. 
Second, to the extent sufficient sale funds are 
available, 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 sufficient sale funds are 
available, to Encore in the amount of $2,759.00 plus fees accruing 
after November 16, 2021, at $93.00 per month and related costs 
accruing after November 16, 2021, which shall not exceed $1,000.00, 
which will be a total satisfaction of Encore’s lien. 
d. 
Fourth, 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.  
9. 
The payments to Encore described above in paragraphs 8(c) 
from the sales proceeds of the Subject Property shall be in full 
settlement and satisfaction of any and all claims by Encore to the 
Subject Property and against Plaintiff resulting from the incidents 
or circumstances giving rise to this lawsuit. 
10. 
Upon payment, Encore agrees to provide such documents 
reasonably necessary to release its security interest to the United 
States via recordable documents and to release and hold harmless the 
Plaintiff, and any agents, servants, and employees of the government 
(or any state or local law enforcement agency) acting in their 
individual or official capacities, from any and all claims which 
Case 2:20-cr-00579-SVW     Document 1218     Filed 12/27/21     Page 3 of 5   Page ID
#:19464

 
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currently exist or which may arise as a result of the government’s 
action against the Subject Property. 
11. 
Encore hereby agrees not to pursue against the Plaintiff 
any other rights that it may have under the Deed of Trust, including, 
but not limited to, the right to initiate a judicial or non-judicial 
foreclosure action, without the consent of the United States 
Attorney’s Office or this Court.  
12. 
Encore understands and agrees that by entering into this 
stipulation, it waives any right to further litigate against 
Plaintiff its interest in the Subject Property.  Unless specifically 
directed by order of this Court, Encore is hereby excused and 
relieved from further participation in this action. 
13. 
The Court will retain jurisdiction to resolve any issues 
with respect to the parties’ performance under this Stipulation. 
/// 
/// 
 
 
 
 
 
 
 
 
 
 
 
 
Case 2:20-cr-00579-SVW     Document 1218     Filed 12/27/21     Page 4 of 5   Page ID
#:19465

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Case 2:20-cr-00579-SVW     Document 1218     Filed 12/27/21     Page 5 of 5   Page ID
#:19466

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