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Petition And Declaration Regarding Unresolved Claims And Deposit Of Undistributed Surplus Proceeds Of Trustees Sale MC-095 - California

Petition And Declaration Regarding Unresolved Claims And Deposit Of Undistributed Surplus Proceeds Of Trustees Sale Form. This is a California form and can be used in Miscellaneous Judicial Council .
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COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): Index No. Calendar No. MC-095 FOR COURT USE ONLY : Plaintiff(s) TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): : : : : JUDICIAL SUBPOENA -againstFAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: Defendant(s) : ...................................................... CITY AND ZIP CODE: BRANCH NAME: IN RE (ADDRESS OF REAL PROPERTY): THE PEOPLE OF THE STATE OF NEW YORK TO PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE'S SALE Jurisdiction (check all that apply): GREETINGS:LIMITED CIVIL CASE ACTION IS A Amount deposited does not exceed $10,000 CASE NUMBER: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before exceeds $10,000, but does not exceed $25,000 , the Honorable at the Court ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part ofdescribed in items 2 and 3 below. the 1. Petitioner (name): is the trustee under the Deed of Trust The Deed of Trust 2. The Deed of Trust encumbered the real with this subpoena is punishable as a Your failure to comply property commonly known as (describe): (the "property") and legally described contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. in Attachment 2 as follows: Court in Witness, Honorable County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) 3. The Deed of Trust was a. Executed by (name): b. Executed on (date): c. Recorded: (1) Date: (2) County: (3) Instrument number: Attorney(s) for as trustor. Office and P.O. Address Form Adopted for Mandatory Use Judicial Council of California MC-095 [Rev. January 1, 2004] PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE'S SALE Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Page 1 of 3 Civil Code, § 2924j American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : IN RE: Index No. CASE NUMBER: : Plaintiff(s) The Trustee's Sale, Surplus Proceeds, and Notice to Potential Claimants 4. The property was the subject of a trustee's sale that was held on (date): -against: : Calendar No. JUDICIAL SUBPOENA 5. A trustee's sale guarantee was prepared for the trustee's sale. (A copy of the trustee's sale guarantee must be attached as : Attachment 5.) 6. The total sale price of the property was: $ : Defendant(s) : 7. After . . . . . . . of. the .amounts required .by.Civil Code .section 2924k(a)(1)­(2), there were surplus proceeds from the trustee's sale . . payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . available to potential claimants in the total amount of: $ 8. Within 30 days after the trustee's sale, the trustee sent written notice under Civil Code section 2924j(a) to all persons with a recorded interest in the real property as of the date immediately prior to the trustee's sale who would be entitled to notice. The THE PEOPLE OF THE STATE OF NEW YORK names and addresses of all persons sent notice under Civil Code section 2924j(a) are as follows: TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court The Claims located at County of 9. The trustee has received a total of (specify number): written claims from potential claimants. in room , on the day of , 20 , at o'clock in the noon, and at any recessed 10. The trustee has exercised due diligence to determine the priority of the written claims received by the trustee to the trustee's sale or adjourned date, to testify and give evidence as a witness in this action on the part of the surplus proceeds from the persons identified in item 8 to whom notice was sent. 11. The trustee submits this declaration under Civil Code section 2924j(c) for the following reason: a. After due diligence, the trustee is unable to determine the priority of the written claims received by the trustee to the Your sale surplus proceeds. (If this reason applies, describe as problem of determining priorities in Attachment trustee'sfailure to comply with this subpoena is punishablethe a contempt of court and will make you liable to party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a 11a.) applies, identify the claimants and describe the conflict in Attachment 11b.) Continued on Attachment 8. the result ofThe trustee has determined that there is a conflict between potential claimants to the surplus proceeds. (If this reason your failure to comply. b. Witness, Honorable , one of the Justices of the 12. The trustee provides the following additional information relevant, to the identity, location, priority of potential claimants, and the Court in County, day of 20 conflict of claims: (Attorney must sign above and type name below) Continued on Attachment 12. Notice of Intent to Deposit Funds and Proof of Service 13. The trustee has provided written notice to all persons with a recorded interest in the property who would be entitled to notice under Civil Code section 2924b(b)­(c). The notice includes the following information: a. The trustee intends to deposit funds from the trustee's sale with the clerk of the court. b. A claim for funds must be filed with the court within 30 days from the date of notice. Attorney(s) for Office and P.O. Address c. The address of the court in which the funds are to be deposited and a telephone number for obtaining further information. (Proof of Service of the notice on all persons entitled to notice under Civil Code section 2924j(d) must be attached to this Facsimile No.: declaration as Attachment 13.) MC-095 [Rev. January 1, 2004] Telephone No.: E-Mail Address: Mobile Tel. No.: PETITION AND DECLARATION REGARDING Page 2 of 3 UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE'S SALE Americ
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