IRS Auction - Sales Ad for San Diego, CA

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NOTICE OF JUDICIAL SALE

Under an Order of Judicial Sale entered in the United States of America vs. Taxpayer, the United States will offer to sell at public auction property located in:

Date:

3/10/2010

Time:

9:30 AM

Open House:

Tuesday, March 9 from 9am- 12pm. No special appointments (by appointment) will be available for viewing & inspection of the property

Bidder Registration Time:

9:00 a.m.

Sale Location:

Vista Court Complex, 325 S Melrose, Vista, CA; left of juror courthouse entrance on sidewalk (cement benches).

Title Offered:

Only the right, title and interest of the Taxpayer in and to the property will be offered for sale. If requested, the Internal Revenue Service will furnish information about possible encumbrances, which may be useful in determining the value of the interest being sold.

Description of Property:

Per the county assessor records; the home at 11684 Vietta Terrace; San Diego, California, is a 1 story, single family residence built in 1994 with a total of 1,826 square feet of gross living area, 4 bedroom, 2 bath, 2 car garage capacity, on a 21,214 square foot lot (0.49 acres). This information is from public records and has not been verified.

Bid note 1: This property, under the same court order, includes abandoned personal property left within the house. The abandoned personal property includes appliances, electronics and furniture to be sold by “open bid” for all items (no minimum bid; best offer for all items stated above).

Bid note 2: This property, under the same court order, includes additional abandoned personal property left within the garage. The additional abandoned personal property within the garage is a 1997 Mercedes Benz M Model, silver colored, 4 door sedan to be sold separate of the house and other personal property. The VIN # is WDBJF55F5VJ033654 with no known visible damage to interior or exterior. Model number E320 Diesel. Mileage 79,695. The mechanical condition is unknown; and without recourse against the United States. No guaranty or warranty, express or implied, is made as to the validity of the title, quality, quantity, weight, size, or condition of any of the property, or its fitness for any use or purpose. No claim will be considered for allowance or adjustment or for rescission of the sale based on failure of the property to conform with any expressed or implied representation. Minimum bid for vehicle starting at $1,000.00 in increments of $100.00 until vehicle is declared sold.

Legal Description:

Parcel 1: Lot 27 of Canyon Country West Unit No. 3 according to Map thereof No. 12812 filed in the Office of the County Recorder of San Diego County, California, on May 1, 1991; excepting therefrom all oil, gas and other hydrocarbons and all minerals located below a depth of 500 feet from the surface but without the right of surface entry to drill or excavate for those substances; and reserving therefrom the common maintenance easement recorded in the Office of the County Recorder of San Diego County, California, on September 16, 1993 as file Page No. 1993-0610358.

Parcel 2: One Class A Membership in Fieldstone Tiburon Homeowners Association, California Nonprofit Mutual Benefit Corporation (“Association”). Grantees in accepting this deed and the conveyance hereunder do hereby agree jointly and severally, for the benefit of the grantor and for the benefit of the association and each and every one of the other members of the association, and the rules and regulations from time to time prescribed thereunder by the Board of Directors of the association or its Officers and, in particular, grantees, do hereby agree, jointly and severally, promptly to pay in full any dues, fees or assessments levied by the association on the membership conveyed hereby. The obligations of grantees herein set forth shall be covenants running with the above-described property, it being understood that membership in the association and the obligations thereof will automatically pass to grantee’s successors in title in the above-described property, whether such successors acquire title by foreclosure or otherwise, and shall be binding upon the grantees above named, their heirs, devisees, executors, administrators, successors and assigns. This deed is made and accepted upon covenants, conditions and restrictions set forth in the declaration of covenants, conditions and restrictions recorded July 25, 1991 as Document No. 1991-0367443 in the Office of the County Recorder of San Diego County, California, made applicable to the real property conveyed by this deed by Declaration of Annexation recorded February 18, 1992 as Document No. 92-0087063 in the Office of the County Recorder of San Diego County, California, and any amendments thereto, all of which are incorporated by reference to said declaration with the same effect as though fully set forth herein.

The County Assessor’s Parcel No. being 309-563-27-00; more commonly known as 11684 Vietta Terrace, San Diego, California 92126.

Minimum Bid:

$250,000.00

Bid Note:

Winning bidder may not use the property as collateral to secure a loan of this property (obtain a loan on down payment from winning bid amount). See sale terms below.

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The Terms of Payment:

See Below

Form of Payment:

See Below

The terms of sale to all persons and parties bidding sale are CASH ONLY. The successful bidder shall be required to deposit with the Property Appraisal and Liquidation Specialist (PALS) cash or cashier’s check equal to twenty percent (20%) of the bidder’s total bid immediately upon the property being struck off and awarded to such bidder as the highest and best bid on auction date. Cashiers check(s) made payable to United States District Court of Southern California.

Before being permitted to bid at the sale, bidders shall display to the Internal Revenue Service proof in the form of cash or cashier’s check that they are able to comply with this requirement. No bids will be accepted from anyone who has not presented proof above the set minimum bids (cashiers check or cash are verified for registration all potential bidders for each set minimum bid).

The remaining eighty percent (80%) of said bid price to be paid on, or before 5:00 p.m., thirty days (30) inclusive of the sale date; or no later than April 9, 2010 via overnight mail or meeting with IRS employee. Payment of the balance of the purchase price must be made by certified or cashier’s check made payable to the United States District Court of Southern California. If the bidder fails to fulfill this requirement, the deposit shall be forfeited and shall be applied to the expenses of the sale, with any amount remaining (if any) returned to the bidder. The realty shall again be offered for sale, under the terms and conditions of the judgment or decree. The United States may bid as a creditor against its judgment without any tender of cash.

The government reserves the right to reject and any and all bids. Default bids for remaining balance will be kept for pending legal damages.

Upon selling the property, the Property Appraisal & Liquidation Specialist (PALS) will issue a receipt for the deposit for 20% (or greater) of winning bid funds on auction date. Upon payment in full of the balance of highest winning bid on April 9, 2010 thirty 30 days inclusive of the sale date or earlier, the successful bidder will receive a Certificate of Sale from PALS containing a description of the property sold (legal & common address) and the price paid. The United States will seek confirmation of the sale within approximately thirty (30) working days of the date of the sale; and upon confirmation, a deed shall be executed and delivered to said purchaser.

Possession of the property sold shall be yielded to the purchaser upon the production of the Certificate of Sale and Deed; and if there is a refusal to so yield, a Writ of Assistance may, without further notice, be issued by the Clerk of this Court to compel delivery of the property sold to the purchaser.

Upon sale by the Area Director, the Area Director shall pay the proceeds of the sale into the Clerk of the Court’s Registry. Proceeds of the sale specifically do not include distribution to any other creditor beyond payment of necessary sale expenses. The Court will enter a separate order determining the amount and priority of all interests in the subject real property.<

For additional information about the property and proposed sale, please contact the following office:

Name:

Steven Massel

Title:

Property Appraisal and Liquidation Specialist

Bureau:

Internal Revenue Service

Address:

24000 Avila Rd
MS 5905
Laguna Niguel, CA, 92677-3405

Phone:

213-220-5987

Mobile: