10601 North Escondido Place, Stockton, California Silvia Burley`s

Transcription

10601 North Escondido Place, Stockton, California Silvia Burley`s
Escondido-Pl-2009-04-08-TableOfContents
10601 North Escondido Place, Stockton, California
Silvia Burley's Residence and Tribal Office
This set of exhibits chronicles the various transactions with respect to real estate property at
10601 North Escondido Place, Stockton, California, which Silvia Burley purchased with
tribal money and which she has used primarily as her family residence. She has maintained
a tribal office at this address. Originally, in 2002, she purchased the property in her name
for about $750,000, using $250,000 in a down payment from tribal money. Then in 2006,
she deeded the property to the Tribe. But in 2007, she deeded the property back to herself
and refinanced it for $1,000,000, paying off the original mortgage and transferring to herself
about $450,000 in cash - a sum which should have gone to the Tribe. However, in on June
18, 2008, she deeded the property back to the Tribe. As of September 29, 2008, public
records show that she did not pay the April 10, 2008 property taxes of $6,0008.27. On
December 10, 2008, a Notice of Default was filed, showing $48,317 owning, and the sale of
the property frozen until March 10, 2009. On April 4, 2009, a person at Quality Loan
Service 619-645-7711 said that the property sold on April 1, 2009 to Indymac; however,
Indymac is now One West Bank, who reports that it will take 4 weeks to evalue the property
before listing. If they must evict, then it will take longer.
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Escondido-Pl-2009-04-08-TableOfContents
Google Photo - circa 2006
10601 North Escondido Place, Stockton, California
(date of photo estimated to be 2006)
http://maps.google.com/maps?f=q&hl=en&geocode=&q=10601+North+Escondido+Place,+Stoc
kton,+California&sll=37.0625,-95.677068&sspn=49.223579,79.101563&ie=UTF8&ll=38.0544
75,-121.250124&spn=0.001506,0.002414&t=h&z=19&lci=lmc:panoramio&layer=c&cbll=38.0
54145,-121.250147&panoid=CHsA1iLBtN5BBPK-cUX7qQ&cbp=12,675.013451108898,,0,5
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Escondido-Pl-2009-04-08-TableOfContents
Google Satellite
10601 North Escondido Place, Stockton, California
(date of photo estimated to be 2006)
http://maps.google.com/maps?f=q&hl=en&geocode=&q=10601+North+Escondido+Place,+Stoc
kton,+California&sll=37.0625,-95.677068&sspn=49.223579,79.101563&ie=UTF8&ll=38.0545
54,-121.250825&spn=0.006024,0.009656&t=h&z=17&g=10601+North+Escondido+Place,+Sto
ckton,+California&iwloc=addr
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Escondido-Pl-2009-04-08-TableOfContents
Yakima Dixie's House
on the historic property of the Tribe
Sheep Ranch, California
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Escondido-Pl-2009-04-08-TableOfContents
Table of Contents
Document Date
& ID#
Page.
Document Type
Comments
Photographs of
Silvia Burley's
House
This property was purchased by Silvia Burley with tribal
money. It is used primarily has her residence, and there is
a tribal office in a spare bedroom; however, no members
of the tribe are allowed into the premises.
1
Photograph of
Yakima Dixie's
House
This is the historic rancheria with the residence
constructed for the hereditary chief by the BIA.
4
Table of Contents
5
2002-03-29a
Grant Deed
Silvia Burley purchases property from the Sahota's
7
2002-03-29b
Deed of Trust
Silvia Burley takes a loan on the property for $577,500. It
is believed that the original price was $745,000, which
indicated that a down payment of $167,500 was made and
which could only have come from tribal money. Plus,
the security for the payments could only have come from
Burley having access to tribal income.
10
2002-03-29c
Grand Deed
Tiger Paulk grants his interest in the property to Silvia
Burley.
26
2002-04-19
Assignment of Deed
of Trust
Burley assigns the Deed of Trust to First American Title
Insurance Company.
29
2006-10-11a
Deed of Trust
Silvia Burley borrows $555,000 on the property
34
2006-10-11b
Interspousal transfer
Grant Deed
Tiger Paulk grants his interest in the property to Silvia
Burley.
53
2006-10-12
Quitclaim Deed
Silvia Burley deeds the property to California Valley
Miwok Tribe. Ostensibly, this was done because Burley
was concerned about possible over-sight during the
forth-coming scrutiny by the BIA and courts and to
correct the original mis-appropriate of tribal money.
56
2006-10-23
Substitution of
Trustee
Refinancing document
59
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Escondido-Pl-2009-04-08-TableOfContents
Page.
Document Date
& ID#
Document Type
Comments
2007-03-20
Quit Claim
Silvia Burley has the Tribe deed the property back to
herself.
60
2007-04-30a
Grant Deed
Silvia Burley deed back to herself the property.
66
2007-04-30b
Interspousal transfer
Grant Deed
Tiger Paulk grants his interest in the property to Silvia
Burley.
69
2007-04-30c
Deed of Trust
Silvia Burley borrows $1,000,000 on the property.
Assuming that Burley paid the corpus of the old trust deed
of about $550,000, she would have garnered to herself
$450,000 cash in this refinancing.
73
2007-05-10
Substitution
Substitution of Trustee and Full Reconveyance for the
mortgage.
92
2008-04-30
Deed Of Trust
Deed Of Trust executed to Indymac
94
2008-06-18
Quit Claim Deed
Burley re-deeds the property back to the Tribe. The loan
for $1,000,000 continues in her name, but she may be
trying to position the title such that the loan would be
transferred to the Tribe.
114
2008-09-29
Tax delinquency
Property tax payment of April 10, 2008 of $6,008.27 was
not paid.
117
2008-12-10
Notice of Default
$48,317 owning not sale may be set until March 10, 2009
122
2009-04-01
Notice of Sale
The property was sold by said Trustee at public auction
on 4/1/2009. Grantee (Indymac now know as One West
Bank), being the highest bidder at such sale, became the
purchaser of said property and paid $624,201.00. The
amount owing to Indymac for the unpaid debt together
with costs was: $1,086,144.37
http://www.qualityloan.com/login.aspx with the following
credentials:
UserName is: CEverone
Password is: >u;b{}iPrkI(
TS # is
CA-08-217179-TC
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2002-03-29a
Grant Deed
Silvia Burley purchases property from the Sahota's
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8
04/08/2009
9
04/08/2009
2002-03-29b
Deed of Trust
Silvia Burley takes a loan on the property for $577,500. It is believed
that the original price was $745,000, which indicated that a down
payment of $167,500 was made and which could only have come from
tribal money. Plus, the security for the payments could only have come
from Burley having access to tribal income.
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2002-03-29c
Grand Deed
Tiger Paulk grants his interest in the property to Silvia Burley.
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27
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28
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2002-04-19
Assignment of Deed of Trust
Burley assigns the Deed of Trust to First American Title
Insurance Company.
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30
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31
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32
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33
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2006-10-11a
Deed of Trust
Silvia Burley borrows $555,000 on the property
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2006-10-11b
`
Interspousal transfer Grant DeedTiger Paulk grants his interest in the property to
Silvia Burley.
53
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54
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55
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2006-10-12
Quitclaim Deed
Silvia Burley deeds the property to California Valley Miwok
Tribe. Ostensibly, this was done because Burley was concerned
about possible over-sight during the forth-coming scrutiny by the
BIA and courts and to correct the original mis-appropriate of
tribal money.
56
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57
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58
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2006-10-23
Substitution of Trustee
Refinancing document
59
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2007-03-20
Quit Claim
Silvia Burley has the Tribe deed the property back to herself.
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2007-04-30a
Grant Deed
Silvia Burley deed back to herself the property.
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04/08/2009
2007-04-30a
Grant Deed
Silvia Burley deed back to herself the property.
69
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70
04/08/2009
71
04/08/2009
2007-04-30c
Deed of Trust
Silvia Burley borrows $1,000,000 on the property. Assuming
that Burley paid the corpus of the old trust deed of about
$550,000, she would have garnered to herself $450,000 cash in
this refinancing.
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2007-05-10
Substitution
Substitution of Trustee and Full Reconveyance for the mortgage.
92
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2008-04-30
Deed Of Trust Deed Of Trust executed to Indymac
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2008-06-18
Quit Claim Deed
Burley re-deeds the property back to the Tribe. The loan for
$1,000,000 continues in her name, but she may be trying to
position the title such that the loan would be transferred to the
Tribe.
114
04/08/2009
115
04/08/2009
116
04/08/2009
2008-09-29
Tax delinquency
Property tax payment of April 10, 2008 of $6,008.27 was not
paid.
117
04/08/2009
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'
Courtesy of your Customer Service Team
2720 Transworld Dr., Suite 100 Stockton, Ca 95206
email: mharris@fnf.com - Phone (209) 932-5845
Prepared For :
Prepared By:
Parcel
: 086 640 28
Owner
: California Valley Miwok Tribe
CoOwner :
Site
: 10601 Escondido Pl Stockton 95212
Mail
: 10601 Escondido Pl Stockton Ca 95212
Doc # : 100432
: 06/18/2008
Xfered
PrDoc# : 53946
:
Price
Pr Xfer
: 03/29/2002
Deed : Quit Claim
PrPrice
: $745,000 Full
First TD : QUIT CLAIM
Res,Sgl Fam Res
LandUse : 0010
: LOT 36
Legal
:
Block : 1
: Tract : 35.00
Census
: BURLEY SILVIA
Seller
School District: Lodi Unified
Michelle D. Harris
Total
: $837,887
Land
: $250,804
Struct
: $587,083
Other
:
%Imprvd : 70
Exempt
:
:
Type
: 099306
TaxArea
07-08 Tax : $10,905.94
MapGrid
Phone
Owner
Tenant
: 305 B6
:
:
PROPERTY CHARACTERISTICS
Bedrooms
Bathrooms
Fireplace
Air Cond
Heat Mthd
Units
Stories
Dining Rm
Family Rm
UtilityRm
Pool
Spa
Dishwsher
:5
: 4.50
:2
:
:
:
:2
:
:
:
:
:
:
Building SqFt : 4,353
1st Floor SqFt :
2nd Floor SqFt :
Basement SqFt :
Garage Type :
Garage SqFt :
Addtnl Rm SqFt :
:
Foundation
:
Patio
:
Microwave
:
Vacuum
Trash Compctr :
Lot Acres :
:
Lot SqFt
Lot Dimen :
Lot Loctn :
Year Built :
Bldg Matl :
Bldg Class :
Bldg Shape :
Roof Matl :
Water Src :
:
Sewer
Specl Cond :
1.49
65,039
2000
8.0
The information attached, is provided at no cost to you. IT IS NOT AN ABSTRACT OF TITLE, nor a complete representation of the condition of title to the
property. While this information is believed to be correct, this Company assumes no liability for any loss occurring by reason of reliance thereon. If it is desired
that liability be assumed by this company, you may request issuance of a policy of title insurance, a binder or a commitment to issue a policy of title insurance.
The Information Provided Is Deemed Reliable, But Is Not Guaranteed.
120
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121
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2008-12-10
Notice of Default
Notice of Default.
122
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123
04/08/2009
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April 1, 2009 - Trustee's Deed
10601 Escondido Place, Stockton, CA
to obtain the most recent deed on the property at 10601 Escondido Place, Stockton, CA go to:
http://www.qualityloan.com/login.aspx
Input:
Your UserName is: CEverone
Your Password is: >u;b{}iPrkI(
Once you are logged in, then type in Trust sale Number
CA-08-217179-TC
You get:
File Search
Enter information below: (Please enter the exact information)
Trustee Sale Number (TS#) or File#
Property Street Address:
File
Property Address
CA-08-217179-TC
10601 N ESCONDIDO PL
Select the link to the deed:
2141 5th Avenue · San Diego, CA 92101 · 619-645-7711
4/3/2009
LSI Title Company
3220 El Camino Real
Irvine, CA 92602
Attn: David Cotton
Re:
Trustee's Deed Upon Sale
Trustor:
SILVIA BURLEY A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY
TS No.
CA-08-217179-TC
Order No.
080104877-CA-DCI
Dear Sir or Madame:
Please do the following:
Enclosed are:
X
Assignment(s)
Other
1
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04/08/2009
April 1, 2009 - Trustee's Deed
10601 Escondido Place, Stockton, CA
If you have any questions, please feel free to contact our office. Thank you for your assistance.
Sincerely,
Karla Sanchez
Foreclosure Department
Encl.
Recording requested by:
When recorded mail to:
Indymac Bank FSB
6900 Beatrice Drive
Kalamazoo, MI 49009
Forward tax statements to the address given above
Space above this line for recorders use
TS # CA-08-217179-TC
Order # 080104877-CA-DCI
Loan # 1009813021
Trustee's Deed Upon Sale
A.P.N.: 086-640-28
Transfer Tax: $0.00
The undersigned grantor declares:
The grantee herein IS the foreclosing beneficiary.
The amount of the unpaid debt together with costs was:
$1,086,144.37
The amount paid by the grantee at the trustee sale was:
$624,201.00
The documentary transfer tax is:
None
Said property is in the City of: STOCKTON, County of SAN JOAQUIN
QUALITY LOAN SERVICE CORPORATION , as Trustee, (whereas so designated in the Deed of Trust hereunder
more particularly described or as duly appointed Trustee) does hereby GRANT and CONVEY to
IndyMac Federal Bank FSB
(herein called Grantee) but without covenant or warranty, expressed or implied, all right title and interest conveyed
to and now held by it as Trustee under the Deed of Trust in and to the property situated in the county of SAN
JOAQUIN, State of California, described as follows:
LOT 36, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, TRACT NO. 1388, MORADA ESTATES
NORTH, ACCORDING TO OFFICIAL MAP THEREOF FILED FOR RECOED IN VOLUME 30 OF MAPS
AMD PLATS, AT PAGE 23, SAN JUAQUIN COUNTY RECORDS. EXCEPT THEREFROM ALL OIL, GAS,
MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET
WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED BY HALBER PROPERTIES, INC., A
CORPORATION BY DEED RECORDED OCTOBER 1, 1974 IN BOOK 3925 OF OFFICIAL RECORDS, AT
PAGE 135, SAN JOAQUIN COUNTY RECORDS.
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April 1, 2009 - Trustee's Deed
10601 Escondido Place, Stockton, CA
This conveyance is made in compliance with the terms and provisions of the Deed of Trust executed by SILVIA
BURLEY A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, as trustor, dated 4/20/2007,
and recorded on
4/30/2007 as instrument number 2007-082223, in Book xxx, Page xxx of Official Records in the office of the
Recorder of SAN JOAQUIN, California, under the authority and powers vested in the Trustee designated in the
Deed of Trust or as the duly appointed trustee, default having occurred under the Deed of Trust pursuant to the
Notice of Breach and Election to Sell under the Deed of Trust recorded on 12/11/2008, instrument no 08-191157,
Book , Page , of Official records. Trustee having complied with all applicable statutory requirements of the State of
California and performed all duties required by the Deed of Trust including sending a Notice of Default and
Election to Sell within ten days after its recording and a Notice of Sale at least twenty days prior to the Sale Date by
certified mail, postage pre-paid to each person entitled to notice in compliance with California Civil Code 2924b
Default occurred as set forth in a Notice of Breach and Election to Sell which was recorded in the office of the
Recorder of said County.
All requirements of law regarding the mailing of copies of notices or the publication of a copy of the Notice of
Breach and Election to Sell or the personal delivery of the copy of the Notice of Breach and Election to Sell and the
posting and publication of copies of the Notice of Sale have been complied with.
Said property was sold by said Trustee at public auction on 4/1/2009 at the place named in the Notice of Sale, in the
County of SAN JOAQUIN, California, in which the property is situated. Grantee, being the highest bidder at such
sale, became the purchaser of said property and paid therefore to said trustee the amount being $624,201.00 in
lawful money of the United States, or by the satisfaction, pro tanto, of the obligations then secured by said Deed of
Trust.
Date: 4/3/2009
QUALITY LOAN SERVICE CORPORATION
By:
Eva Alvarez, Assistant Secretary
State of California )
County of San Diego)
On _____________before me, Michelle Nguyen a notary public, personally appeared Eva Alvarez, who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature ___________________________________________ ------- (Seal)
Michelle Nguyen
THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
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