This case was last updated from Los Angeles County Superior Courts on 10/26/2019 at 00:16:38 (UTC).

QUALITY LOAN SERVICE CORP. VS ALL CLAIMANTS TO SURPLUS FUNDS

Case Summary

On 03/14/2019 a Other case was filed by QUALITY LOAN SERVICE CORP against ALL CLAIMANTS TO SURPLUS FUNDS in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0803

  • Filing Date:

    03/14/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WENDY CHANG

 

Party Details

Petitioner

QUALITY LOAN SERVICE CORP.

Respondent

ALL CLAIMANTS TO SURPLUS FUNDS

 

Court Documents

Minute Order - Minute Order (Hearing - Other to Determine the Disposition of Funds)

10/24/2019: Minute Order - Minute Order (Hearing - Other to Determine the Disposition of Funds)

Certificate of Mailing for - Certificate of Mailing for (Hearing - Other to Determine the Disposition of Funds) of 10/24/2019

10/24/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing - Other to Determine the Disposition of Funds) of 10/24/2019

Notice of Ruling - Notice of Ruling

7/18/2019: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

7/18/2019: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

3/14/2019: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

3/14/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds

3/14/2019: Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds

Civil Case Cover Sheet - Civil Case Cover Sheet

3/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Hearing on Petition - Notice of Hearing on Petition

3/20/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Proof of Service by Mail - Proof of Service by Mail

3/20/2019: Proof of Service by Mail - Proof of Service by Mail

 

Docket Entries

  • 12/12/2019
  • Hearing12/12/2019 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing - Other (name extension)

    Read MoreRead Less
  • 10/25/2019
  • DocketHearing - Other to Determine the Disposition of Funds scheduled for 12/12/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/25/2019
  • DocketOn the Court's own motion, Hearing - Other to Determine the Disposition of Funds scheduled for 10/24/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 12/12/2019 10:30 AM

    Read MoreRead Less
  • 10/24/2019
  • DocketMinute Order (Hearing - Other to Determine the Disposition of Funds)

    Read MoreRead Less
  • 10/24/2019
  • DocketCertificate of Mailing for (Hearing - Other to Determine the Disposition of Funds) of 10/24/2019; Filed by: Clerk

    Read MoreRead Less
  • 07/18/2019
  • DocketNotice of Ruling; Filed by: Quality Loan Service Corp. (Petitioner)

    Read MoreRead Less
  • 07/18/2019
  • DocketHearing - Other to Determine the Disposition of Funds scheduled for 10/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/18/2019
  • DocketMinute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

    Read MoreRead Less
  • 07/18/2019
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 07/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 07/18/2019; Result Type to Held

    Read MoreRead Less
  • 03/20/2019
  • DocketProof of Service by Mail; Filed by: Quality Loan Service Corp. (Petitioner); As to: All Claimants to Surplus Funds (Respondent)

    Read MoreRead Less
  • 03/20/2019
  • DocketNotice of Hearing on Petition; Filed by: Quality Loan Service Corp. (Petitioner)

    Read MoreRead Less
  • 03/18/2019
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 07/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 03/18/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 03/14/2019
  • DocketPetition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale; Filed by: Quality Loan Service Corp. (Petitioner); As to: All Claimants to Surplus Funds (Respondent)

    Read MoreRead Less
  • 03/14/2019
  • DocketCivil Case Cover Sheet; Filed by: Quality Loan Service Corp. (Petitioner); As to: All Claimants to Surplus Funds (Respondent)

    Read MoreRead Less
  • 03/14/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 03/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 03/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STCP00803    Hearing Date: February 13, 2020    Dept: 26

Quality Loan Service Corp. v. All Claimants, et al.

HEARING ON DISBURSEMENT OF SURPLUS FUNDS

(Civ. Code §§ 2924(c)-(d))

TENTATIVE RULING:

Hearing on Disbursement of Funds is CONTINUED TO APRIL 9, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. EACH CLAIMANT TO THE FUNDS MUST FILE A WRITTEN CLAIM WITHIN 30 DAYS OF THIS ORDER; THE WRITTEN CLAIM MUST INCLUDE A DECLARATION SETTING FORTH THE BASIS FOR THE CLAIM OF OWNERSHIP OR INTEREST. (CIVIL CODE, § 2924J, SUBD. (D).) ALL CLAIMANTS MUST ALSO PERSONALLY APPEAR AT THE DISBURSEMENT HEARING.

ANALYSIS:

On March 14, 2019, Petitioner Quality Loan Service Corp. (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”). The Petition indicated that the following persons were provided notice of Petitioner’s intent to deposit the surplus funds: Elsie J. Catchings, Trustee, as prior owner of the subject property; and Secretary of Housing and Urban Development, which holds a deed of trust recorded on August 30, 2007. (Pet., Attachment 11B.)

On July 18, 2019, the Petition to Deposit came for hearing and the Court ruled that Petitioner had satisfied all the requirements of Civil Code section 2924j. The Court ordered Petitioner to deposit the surplus funds of $2,651.15 within 10 days. On July 22, 2019, Petitioner deposited the surplus funds with the Court as ordered and therefore was discharged of further responsibility for the disbursement of sale proceeds. (Civ. Code, § 2924j, subd. (c).) The Court further ordered Petitioner to give notice of this order and the disbursement hearing on all parties, claimants and interested parties. To date, however, Petitioner has not filed proof of service of said notice.

Accordingly, the HEARING ON DISBURSEMENT IS CONTINUED TO APRIL 9, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. EACH CLAIMANT TO THE FUNDS MUST FILE A WRITTEN CLAIM WITHIN 30 DAYS OF THIS ORDER; THE WRITTEN CLAIM MUST INCLUDE A DECLARATION SETTING FORTH THE BASIS FOR THE CLAIM OF OWNERSHIP OR INTEREST. (CIVIL CODE, § 2924J, SUBD. (D).) ALL CLAIMANTS MUST ALSO PERSONALLY APPEAR AT THE DISBURSEMENT HEARING.

Court clerk to give notice to all Defendants, claimants and interested parties.

Case Number: 19STCP00803    Hearing Date: October 24, 2019    Dept: 94

HEARING ON DISBURSEMENT OF SURPLUS FUNDS

(Civ. Code §§ 2924(c)-(d))

TENTATIVE RULING:

Hearing on Disbursement of Funds is CONTINUED TO DECEMBER 12, 2019 AT 10:30 AM IN DEPARTMENT 94. EACH CLAIMANT TO THE FUNDS MUST FILE A WRITTEN CLAIM WITHIN 30 DAYS OF THIS ORDER; THE WRITTEN CLAIM MUST INCLUDE A DECLARATION SETTING FORTH THE BASIS FOR THE CLAIM OF OWNERSHIP OR INTEREST. (CIVIL CODE, § 2924J, SUBD. (D).) ALL CLAIMANTS MUST ALSO PERSONALLY APPEAR AT THE DISBURSEMENT HEARING.

SUMMARY OF PROCEEDINGS: Petition to deposit and disburse surplus funds from trustee’s sale.

CLAIMS FILED: None as of October 21, 2019.

ANALYSIS:

On March 14, 2019, Petitioner Quality Loan Service Corp. (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”). The Petition indicated that the following persons were provided notice of Petitioner’s intent to deposit the surplus funds: Elsie J. Catchings, Trustee, as prior owner of the subject property; and Secretary of Housing and Urban Development, which holds a deed of trust recorded on August 30, 2007. (Pet., Attachment 11B.)

On July 18, 2019, the Petition to Deposit came for hearing and the Court ruled that Petitioner had satisfied all the requirements of Civil Code section 2924j. The Court ordered Petitioner to deposit the surplus funds of $2,651.15 within 10 days and set the instant hearing to determine the disposition of funds for October 24, 2019 at 8:30 am in Department 94. The Court further ordered Petitioner to give notice of this order and the disbursement hearing on all parties, claimants and interested parties. Pursuant to that order, the Court expressly held that Petitioner would be discharged of further only upon deposit of the funds to the court and filing of the proof of service of the notice of disbursement hearing. Finally, Petitioner was ordered to give notice of the Court’s ruling.

On July 22, 2019, Petitioner deposited the surplus funds with the Court as ordered. However, to date, Petitioner has failed to file proof of service of the notice of disbursement hearing or of the Court’s ruling. To date, no claims have been filed. Accordingly, the HEARING ON DISBURSEMENT IS CONTINUED TO DECEMBER 12, 2019 AT 10:30 AM IN DEPARTMENT 94. EACH CLAIMANT TO THE FUNDS MUST FILE A WRITTEN CLAIM WITHIN 30 DAYS OF THIS ORDER; THE WRITTEN CLAIM MUST INCLUDE A DECLARATION SETTING FORTH THE BASIS FOR THE CLAIM OF OWNERSHIP OR INTEREST. (CIVIL CODE, § 2924J, SUBD. (D).) ALL CLAIMANTS MUST ALSO PERSONALLY APPEAR AT THE DISBURSEMENT HEARING.

Court clerk to give notice to all Defendants, claimants and interested parties.