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Case 2:20-cr-00579-SVW Document 1245 Filed 01/07/22 Page 1 of 7 Page ID #:19645
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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA
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WESTERN DIVISION
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UNITED STATES OF AMERICA, No. CV 20-00579-SVW
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Plaintiff,
13 ORDER AUTHORIZING INTERLOCUTORY
v. SALE
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15 RICHARD AYVAZYAN and 74203 Anastacia Lane, Palm Desert,
MARIETTA TARABELIAN, CA
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Defendants.
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21 Plaintiff United States of America having filed an ex parte
22 application for an order authorizing the interlocutory sale of
23 certain real property commonly known as 74203 Anastacia Lane, Palm
24 Desert, California, (“Application”), the Court having considered the
25 Application, and being fully informed concerning the matter, it is
26 hereby ORDERED as follows:
27 1. The Application is granted subject to the terms of this
28 Order.
Case 2:20-cr-00579-SVW Document 1245 Filed 01/07/22 Page 2 of 7 Page ID #:19646
1 2. The government shall sell the defendants’ asset listed in
2 paragraph 4, below, according to the processes and protocols used by
3 the United States Marshals Service when disposing of similar,
4 forfeited property. The net proceeds of sale, as described below, if
5 any, shall be substituted for the asset as the substitute res in this
6 action.
7 3. Upon entry of this Order, the government, to include the
8 United States Marshals Service (“USMS”) and whatever contractors it
9 may choose to retain to assist in the execution of this Order, shall
10 take exclusive custody, possession, and control of the asset for the
11 purpose of preparing and marketing the asset for sale at public
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13 4. The defendants’ asset to be sold pursuant to this Order is
14 Real Property located at 74203 Anastacia Lane, Palm Desert,
15 California, A.P.N. 694-331-008 (the “Palm Desert Real Property”) is
16 to be sold for fair market value, and the net proceeds of the sale,
17 if any, should be substituted to the real property as substitute res
18 in this action.
19 5. An interlocutory sale of Palm Desert Real Property is
20 appropriate and necessary under Rule G(7)(b)(i) of the Supplemental
21 Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions
22 because (i) the property is at risk of deterioration and damage as it
23 will likely be uninhabited during the pendency of this litigation if
24 it is not sold to a third party; (ii) the expense of keeping the
25 property is excessive and/or is disproportionate to its fair market
26 value; and (iii) the property is subject to mortgage payments on
27 which the title owner is in default.
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Case 2:20-cr-00579-SVW Document 1245 Filed 01/07/22 Page 3 of 7 Page ID #:19647
1 6. The procedures set forth in 28 U.S.C. §§ 2001, 2002 and
2 2004 (providing for public sale of property under court control) are
3 not reasonable, appropriate or likely to yield the highest price for
4 the Palm Desert Real Property. Because the titled owner(s) of the
5 Palm Desert Real Property are fugitives and the expertise needed to
6 sell and market real estate of this nature to the public, the Court
7 orders the interlocutory sale according to the terms described
8 herein.
9 7. The legal description of the Palm Desert Real Property is:
10 Described real property in the County of Riverside, State
of California:
11 PARCEL 1:
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LOT 8 OF TRACT NO. 36554-1 IN THE CITY OF PALM DESERT,
13 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS PER MAP
RECORDED IN THE BOOK 438 PAGES 98 AND 99, INCLUSIVE, OF
14 MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF CALIFORNIA.
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PARCEL 2:
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NON-EXCLUSIVE EASEMENTS APPURTENANT TO PARCEL 1 ABOVE, ON
17 AND OVER THE “COMMON AREA” AS DEFINED IN THE DECLARATION OF
18 COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF
EASEMENTS FOR ENCORE PALM DESERT (“DECLARATION”) RECORDED
19 IN THE OFFICE OF SAID COUNTY RECORDER OF CALIFORNIA ON
DECEMER 23, 2013 AS INSTRUMENT NO. 2013-0591271, FOR
20 ACCESS, USE, OCCUPANCY, ENJOYMENT, INGRESS AND EGRESS OF
21 THE AMENITIES LOCATED THEREON. THE COMMON AREA IS FOR THE
USE OF OWNERS OF LOTS WHICH ARE SUBJECT TO THE DECLARATION
22 AND IS NOT FOR THE USE OF THE GENERAL PUBLIC. A.P.N. 694-
331-008.
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24 8. The USMS shall have full discretion to determine
25 appropriate auction and sale procedures and the terms of auction and
26 sale between it and buyers, including but not limited to registration
27 requirements, acceptance or rejection of bids, the completion of
28 payment by the high bidder, and the Certificate of Title to transfer
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Case 2:20-cr-00579-SVW Document 1245 Filed 01/07/22 Page 4 of 7 Page ID #:19648
1 ownership of the defendants. The USMS shall follow the process it
2 ordinarily follows when selling similar forfeited property in this
3 district.
4 9. The proceeds of the sale of the Palm Desert Real Property
5 shall be distributed as follows:
6 a. First, payment of all costs of sale, including
7 applicable fees triggered by the sale of the Palm Desert Real
8 Property and actual costs incurred by the government in preparing the
9 Palm Desert Real Property for sale, to include all expenses for
10 transportation, storage, maintenance, repair, administrative and
11 sales commission fees, which shall be deducted from the gross
12 proceeds of sale;
13 b. Second, the amount of the first lien due to United
14 Wholesale Mortgage or MERS shall be paid to United Wholesale Mortgage
15 or MERS by electronic transfer. United Wholesale Mortgage or MERS
16 shall provide all information and complete all documents requested by
17 the government to facilitate the payment.
18 c. Third, to the extent funds remain (the “net
19 proceeds”), such funds shall constitute the substitute res subject in
20 this forfeiture action in place of the defendants sold. The net
21 proceeds shall be wired from the public auction vendor directly to an
22 interest-bearing account to be designated by the government, where
23 such funds shall be held pending resolution of this forfeiture
24 matter. The government shall provide wiring instructions directly to
25 the vendor handling the sale of the Palm Desert Real Property. Upon
26 delivery of the net proceeds to this interest-bearing account, the
27 government shall notify the parties and this Court of the amount that
28 has been deposited as the substitute res by filing a notice with the
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Case 2:20-cr-00579-SVW Document 1245 Filed 01/07/22 Page 5 of 7 Page ID #:19649
Case 2:20-cr-00579-SVW Document 1245 Filed 01/07/22 Page 6 of 7 Page ID #:19650
1 PROOF OF SERVICE BY MAILING
2 I am over the age of 18 and not a party to the within
3 action. I am employed by the Office of the United States
4 Attorney, Central District of California. My business address
5 is 312 North Spring Street, 14th Floor, Los Angeles, CA 90012.
6 On October 8, 2021, I served a copy of: EX PARTE
7 APPLICATION FOR ORDER AUTHORIZING INTERLOCUTORY SALE OF REAL
8 PROPERTY SUBJECT TO FORFEITURE; DECLARATION OF BRENT A.
9 WHITTLESEY, and [PROPOSED] ORDERS upon each person or entity
10 named below by enclosing a copy in an envelope addressed as
11 shown below and placing the envelope for collection and mailing
12 on the date and at the place shown below following our ordinary
13 office practices.
14 TO: SEE SERVICE LIST
15 X I am readily familiar with the practice of this office for
16 collection and processing correspondence for mailing. On the
17 same day that correspondence is placed for collection and
18 mailing, it is deposited in the ordinary course of business with
19 the United States Postal Service in a sealed envelope with
20 postage fully prepaid.
21 I declare under penalty of perjury under the laws of the
22 United States of America that the foregoing is true and correct.
23 I declare that I am employed in the office of a member of
24 the bar of this court at whose direction the service was made.
25 Executed on: October 8, 2021 at Los Angeles, California.
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/s/ S. Beckman
27 SHANNEN BECKMAN
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Case 2:20-cr-00579-SVW Document 1245 Filed 01/07/22 Page 7 of 7 Page ID #:19651
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2 SERVICE LIST
United Wholesale Lender
3 585 South Boulevard E
Pontiac, MI 48341
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Richard J. Reynolds, Esq.
5 1851 East First Street, Ste 1550
Santa Ana, CA 92705-4067
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Brian S. Thomley, Esq.
7 2112 Business Center Dr., Fl 2
Irvine, CA 92612
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