Proposed Order — USA v. Ayvazyan et al (Dkt. 1218.1)

Summary

Filed December 27, 2021 as Document 1218-1 in Case 2:20-cr-00579-SVW (C.D. Cal.), this is a [Proposed] Order Recognizing the Lien of Encore Series Community Inc. as to real property in Palm Desert, California. It follows a stipulation between the United States and lienholder Encore Series Community Inc. Contingent on a sale, sale funds would be paid first to costs of sale, second to the first lien of United Wholesale Mortgage or MERS, and third to Encore in the amount of $2,759.00 plus fees accruing after November 16, 2021 at $93.00 per month and related costs not exceeding $1,000.00, as total satisfaction of its lien. Any remaining net proceeds would be the substitute res in the forfeiture action.

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UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
WESTERN DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
             Plaintiff, 
 
 
 
v. 
 
RICHARD AYVAZYAN, ET AL. 
 
             Defendants. 
 
No. CR 20-00579-SVW 
 
[PROPOSED] ORDER RECOGNIZING 
THE LIEN OF ENCORE SERIES 
COMMUNITY INC. AS TO REAL 
PROPERTY LOCATED IN PALM 
DESERT, CALIFORNIA WITH 
ASSESSOR’S PARCEL NUMER: 
694-331-008  
 
 
 
 
Upon consideration of the stipulation and request of 
Plaintiff, United States of America, and lienholder Encore 
Series Community Inc., (“Encore”) for an order recognizing the 
lien of Encore in the real property located in Palm Desert, 
California, APN: 694-331-008 (the “Subject Property”).  
It is hereby ORDERED as follows: 
1. 
The parties shall execute further documents, to the 
extent necessary, to convey clear title to the Subject Property 
to Plaintiff and to further implement the terms of the 
Stipulation.   
Case 2:20-cr-00579-SVW     Document 1218-1     Filed 12/27/21     Page 1 of 3   Page ID
#:19467

 
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2. 
Contingent upon the sale of the Subject Property, the 
funds generated by any sale will 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 Subject Property and 
actual costs incurred by the government in preparing the Subject 
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, 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 will constitute the substitute res 
subject in this forfeiture action in place of the defendant 
sold.  
2. 
Upon payment, Encore will provide its deed of 
reconveyance or such other document reasonably necessary to 
Case 2:20-cr-00579-SVW     Document 1218-1     Filed 12/27/21     Page 2 of 3   Page ID
#:19468

 
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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 currently exist or which may arise as a result of 
the government’s action against the Subject Property.  
3. 
This Order is binding upon Encore and its successors 
and assigns. 
4. 
The Court will retain jurisdiction to resolve any 
issues with respect to the parties’ performance under the 
Stipulation and this Order. 
 
DATED: ___________________  
_________________________________ 
 
 
 
 
 
 
HONORABLE STEPHEN V. WILSON 
 
 
 
 
 
 
UNITED STATES DISTRICT JUDGE  
 
 
PRESENTED BY: 
 
TRACY L. WILKISON 
United States Attorney 
 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division 
 
 
/s/Dan G. Boyle 
 
 
  
DAN G. BOYLE 
Assistant United States Attorney 
Asset Forfeiture Section 
 
Attorneys for Plaintiff  
UNITED STATES OF AMERICA 
Case 2:20-cr-00579-SVW     Document 1218-1     Filed 12/27/21     Page 3 of 3   Page ID
#:19469

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