IN RE: QUALITY LOAN SERVICE CORP., TRUSTEE
Notice Of Motion And Motion To Distribute The Surplus Funds On Deposit With The Court From The Trustees Sale Of 117 Marlin Court #49, San Francisco, Ca 94124 To The Heir Of The Deceased Former Owner
Motion type
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CPF23517973 - July 17, 2025 Hearing date: July 17, 2025 Case number: CPF23517973 Case title: IN RE: QUALITY LOAN SERVICE CORP., TRUSTEE Case Number: | | CPF23517973 | Case Title: | | IN RE: QUALITY LOAN SERVICE CORP., TRUSTEE | Court Date: | | 2025-07-17 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Distribute The Surplus Funds On Deposit With The Court From The Trustees Sale Of 117 Marlin Court #49, San Francisco, Ca 94124 To The Heir Of The Deceased Former Owner | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 17, 2025, line 1.
Respondent's Motion to Distribute the Surplus Funds on Deposit with the Court From the Trustee Sale is DENIED without prejudice. Claimant failed to sufficiently address why the initial deadline to file a claim with the Trustee was missed. In the moving papers, but not in any of the declarations, Claimant contends there is "no evidence" that Claimant received notice from the Trustee. But the proof of service attached to the Podmernik declaration as Exhibit C filed on May 25, 2023, shows that Ruby Lee Gunn was served with Notice at her address in Miami, Florida on August 31, 2022. The proof of service attached as Exh. E to the same declaration shows Ruby Lee Gunn was also served with Notice of Deposit Surplus Funds on February 15, 2023 at the same address.
Claimant has also not provided sufficient evidence supporting her claim. Claimant must submit documentation demonstrating that she is the sole heir of Janice Gunn's estate and that Janice Gunn owned the property at the time of the foreclosure. =(501/CFH)
Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tent ative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |
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