ORDER RECOGNIZING THE LIEN OF ENCORE SERIES COMMUNITY INC.… — USA v. Ayvazyan et al (Dkt. 1246)

Summary

An Order Recognizing the Lien of Encore Series Community Inc. as to real property located in Palm Desert, California, Document 1246, dated 01/08/22 in No. CR 20-00579-SVW, United States of America v. Richard Ayvazyan, et al., in the United States District Court, Central District of California, Western Division. The order recites a stipulation and request of the United States and lienholder Encore Series Community Inc. and orders the parties to execute documents to convey clear title. It sets, contingent on a sale, an order of priority for sale funds: costs of sale, the first lien, then Encore in the amount of $2,759.00 plus $93.00 per month in fees after November 16, 2021 and costs not exceeding $1,000.00, then net proceeds as substitute res.

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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 
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 1246     Filed 01/08/22     Page 1 of 3   Page ID
#:19652

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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 1246     Filed 01/08/22     Page 2 of 3   Page ID
#:19653

Case 2:20-cr-00579-SVW     Document 1246     Filed 01/08/22     Page 3 of 3   Page ID
#:19654

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