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. 1 04/08/2009 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 2 04/08/2009 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 3 04/08/2009 Escondido-Pl-2009-04-08-TableOfContents Yakima Dixie's House on the historic property of the Tribe Sheep Ranch, California 4 04/08/2009 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 5 04/08/2009 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 125 6 04/08/2009 2002-03-29a Grant Deed Silvia Burley purchases property from the Sahota's 7 04/08/2009 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. 10 04/08/2009 11 04/08/2009 12 04/08/2009 13 04/08/2009 14 04/08/2009 15 04/08/2009 16 04/08/2009 17 04/08/2009 18 04/08/2009 19 04/08/2009 20 04/08/2009 21 04/08/2009 22 04/08/2009 23 04/08/2009 24 04/08/2009 25 04/08/2009 2002-03-29c Grand Deed Tiger Paulk grants his interest in the property to Silvia Burley. 26 04/08/2009 27 04/08/2009 28 04/08/2009 2002-04-19 Assignment of Deed of Trust Burley assigns the Deed of Trust to First American Title Insurance Company. 29 04/08/2009 30 04/08/2009 31 04/08/2009 32 04/08/2009 33 04/08/2009 2006-10-11a Deed of Trust Silvia Burley borrows $555,000 on the property 34 04/08/2009 35 04/08/2009 36 04/08/2009 37 04/08/2009 38 04/08/2009 39 04/08/2009 40 04/08/2009 41 04/08/2009 42 04/08/2009 43 04/08/2009 44 04/08/2009 45 04/08/2009 46 04/08/2009 47 04/08/2009 48 04/08/2009 49 04/08/2009 50 04/08/2009 51 04/08/2009 52 04/08/2009 2006-10-11b ` Interspousal transfer Grant DeedTiger Paulk grants his interest in the property to Silvia Burley. 53 04/08/2009 54 04/08/2009 55 04/08/2009 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 04/08/2009 57 04/08/2009 58 04/08/2009 2006-10-23 Substitution of Trustee Refinancing document 59 04/08/2009 60 04/08/2009 2007-03-20 Quit Claim Silvia Burley has the Tribe deed the property back to herself. 61 04/08/2009 62 04/08/2009 63 04/08/2009 64 04/08/2009 65 04/08/2009 2007-04-30a Grant Deed Silvia Burley deed back to herself the property. 66 04/08/2009 67 04/08/2009 68 04/08/2009 2007-04-30a Grant Deed Silvia Burley deed back to herself the property. 69 04/08/2009 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. 72 04/08/2009 73 04/08/2009 74 04/08/2009 75 04/08/2009 76 04/08/2009 77 04/08/2009 78 04/08/2009 79 04/08/2009 80 04/08/2009 81 04/08/2009 82 04/08/2009 83 04/08/2009 84 04/08/2009 85 04/08/2009 86 04/08/2009 87 04/08/2009 88 04/08/2009 89 04/08/2009 90 04/08/2009 91 04/08/2009 2007-05-10 Substitution Substitution of Trustee and Full Reconveyance for the mortgage. 92 04/08/2009 93 04/08/2009 2008-04-30 Deed Of Trust Deed Of Trust executed to Indymac 94 04/08/2009 95 04/08/2009 96 04/08/2009 97 04/08/2009 98 04/08/2009 99 04/08/2009 100 04/08/2009 101 04/08/2009 102 04/08/2009 103 04/08/2009 104 04/08/2009 105 04/08/2009 106 04/08/2009 107 04/08/2009 108 04/08/2009 109 04/08/2009 110 04/08/2009 111 04/08/2009 112 04/08/2009 113 04/08/2009 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 $6,008.27 was not paid. 117 04/08/2009 1& 2 *' 4 ' '' " & 1 ## 5 '' '' '' 6 7'8 ' !" #$ '' '' ( ' # )) 0 &2 '$ ' * + , " % #& " "- " # # .) / 1& # #3 ' ! " # $% &' ( )* ) )+ ,- - &. , ' /' , #0")" 1, , & 2'+) )+ ,- - &. 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' DDD 119 04/08/2009 ' Courtesy of your Customer Service Team 2720 Transworld Dr., Suite 100 Stockton, Ca 95206 email: [email protected] - 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 04/08/2009 121 04/08/2009 2008-12-10 Notice of Default Notice of Default. 122 04/08/2009 123 04/08/2009 124 04/08/2009 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 1 125 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. 2 126 04/08/2009 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. 3 127 04/08/2009