Notice Of Motion And Motion For Order To Release Court-Deposited Funds To E K Y Builder Inc. And Stella Tan
SF Superior Court - Real Property / Housing Dept 501 - CPF23517978 - September 15, 2025 Hearing date: September 15, 2025 Case number: CPF23517978 Case title: IN RE: CLEAR RECON CORP Case Number: | | CPF23517978 | Case Title: | | IN RE: CLEAR RECON CORP | Court Date: | | 2025-09-15 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Order To Release Court-Deposited Funds To E K Y Builder Inc. And Stella Tan | Rulings: | | Real Property/Housing Court Law and Motion Calendar for Sept 15, 2025. Line 1. RESPONDENT EKY BUILDER, INC. Notice Of Motion And Motion For Order To Release Court-Deposited Funds To E K Y Builder Inc. And Stella Tan is DENIED without prejudice.
No evidence is presented that "any and all encumbrances" have been subtracted from the amount to be distributed to the claimants. It appears from the supplemental filings that claimants assert that "encumbrances" are the same as valid "claims" within the meaning of the foreclosure statutes. No authority is cited for this proposition. While there are no other claims on file, there are other unaccounted for encumbrances listed in the petition. See Attachment 11b and Trustee's Saale Guarantee and title report documents. The Court notes that no declaration from the former owner is submitted attesting that all encumbrances have been resolved, e.g. paid off, released, reconveyed, disclaimed, discharged in bankruptcy, etc. =(501/SKF)
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 tentative 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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