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MA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-17-2012 3:20 pm
Case Number: CGC-09-493106
Filing Date: Oct-17-2012 3:19
Filed by: ROSSALY DELAVEGA
Juke Box: 001 Image: 03806468
DECLARATION OF
Instructions:
JAVIER REYES VS, JANICE RODGERS et al
001C03806468
Please place this sheet on top of the document to be scanned.28
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Scott I. Bassin, SBN 98011
3406 Judah Street
San Francisco, Ca. 9422
Telephone: (415) 753-5245
Facsimile (415) 753-0381
Attorney for: Javier Reyes
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SAN FRANCISCO
Unlimited Jurisdiction
JAVIER REYES No.CGC CGC 09 493106
Plaintiff,
vs. DECLARATION OF SCOTT I. BASSIN IN SUPPORT
JANICE RODGERS, et al.,
OF FINAL JUDGMENT
Defendants
I, Scott I. Bassin, declare as follows:
1. Lam an attorney at law, licensed to practice before the highest court in the State of
California. I have first hand, personal knowledge of the facts recited herein, except where based
upon information and belief and as to those matters, I believe them to be true. If called upon, I
could and would testify competently to the veracity of such facts.
2. I have represented Plaintiff Javier Reyes in this action as well as in connection with
the estate of his grandmother Ernestine Harris, pending in the San Francisco Probate Court as
case number PES 04 286613, herein the "Estate".
3. Attached hereto as Exhibit A is a true copy of the closing statement for the sale of the
real property at 245 Broad Street, San Francisco, California, the "Property."
4. The default interlocutory judgment appointing Anthony Theophilos as referee with
authority to recover possession from defendants residing in the Property for the purpose of
selling the Property was made April 28, 2011 by the Honorable Ellen Chaitin. A true copy of the’
DECLARATION OF SCOTT I. BASSIN 1Judgment is attached as Exhibit E. The property was sold by the referee and an Order Approving
Report of Referee and Sale of Real Property was entered by this Court on August 28, 2012. A
true copy is attached as Exhibit F.
5. Plaintiff Javier Reyes was before the sale of the Property an undivided 50% owner of
the Property. The Estate was the other undivided 50% owner of the Property.
6. Pursuant to an order of the Probate Court on March 6, 2009, the "Estate Order", a lien
was placed against the Property for statutory administrator's commissions payable to Janice
Rogers and Carol Gregory of $15,248.49, statutory attorneys’ fees payable to Dennis Vann of
$15,248.49, reimbursement to Carol Gregory of $52,918.92 and reimbursement to Janice Rogers
of $5,238.48 as well as $1,476.03 for a Franchise Tax Board Lien. These deductions are
reflected in the closing statement attached as Exhibit A. A true copy of the Estate Order is
attached hereto as Exhibit B. A true copy of a letter from Dennis Vann to Fidelity Title as a
payoff demand upon the sale of the Property is attached as Exhibit C. This lien was placed on
the Property because of continuing expenses of the Estate and the lack of cash to meet expenses
of the Estate.
7. All of these charges, in the sum of $90,130.41, are charges that belong solely to the
Estate of Ernestine Harris and therefore should be charged solely to the share of the sales
proceeds that would be distributable to the Estate of Ernestine Harris.
8. At the time the Property was sold by the Referee, the first lender had recorded a Notice
of Default and was in the process of moving the property to a trustee's sale. Additionally, the
buyer for the Property had extended a limited period of time in which to close the escrow for the
sale of the Property. The escrow for the sale of the Property actually closed on a date after which
the buyer could have cancelled the purchase of the Property. If that buyer had cancelled the
purchase of the Property there would not have been adequate time to find a new buyer, complete
the procedure for the sale pursuant to Code of Civil Procedure Sections 873.600-873.690 and
obtain court confirmation for that sale. The Referee was therefore under pressure to close that
sales transaction as quickly as possible to avoid loss of the Property to the trustee's sale.
Consequently the payments outlined in Paragraph 5 above were made without objection by the
Referee.
DECLARATION OF SCOTT I. BASSIN 29. The Estate also owns an undivided one third interest in the real property commonly
known as 235 Pierce Street, San Francisco, California, which has been appraised as having a
value of $1,550,000.00. The Estate has made no effort to sell that piece of real property but has
instead relied on the sales proceeds from the sale of the Property, 245 Broad Street, of which
Plaintiff owned a 50% interest, in order to satisfy the Estate obligations outlined in Paragraph 5
above.
10. Repeated efforts were made to persuade Janice Rodgers and Carol Gregory to sell the
Property but no such-efforts were made. They allowed the Property go into default with the First
Lender that recorded its 90 day notice of default on July 27, 2012. In April of 2008, Dennis
Vann, attorney for Janice Rodgers and Carol Gregory, informed me that they would buy out
Plaintiff's interest in both the Broad Street Property and the Pierce Street property ifI would
supply appraisals for the properties. After expending $950.00 to obtain these appraisals and
giving them a copy, no efforts were made by Janice Rodgers or Carol Gregory to buy any portion
of Mr. Reyes’ interest in either of those properties.
11. Plaintiff has an agreement to pay Scott I. Bassin 40% of the appraised value of the
Property if the sale did not occur within 60 days of October 12, 2007. The sale took place on
September 5, 2012, almost five years after the Oct. 12, 2007 date.
12. The Property had an appraised value of $545,000.00. The property actually sold for
$492,000.00. If the actual sales price is taken as the basis for calculating Mr. Bassin's fees, he
would be entitled to received $ 196,800.00 for his fees in representing plaintiff in this action.
This would, however, wipe out any remaining sales proceeds from the sale.
13. Iam prepared to ask the Court to confirm the $75,000.00 that was paid out of the
escrow to me as attorneys fees relating to this partition action so that there are some remaining
funds available to plaintiff from this sale. I will work out any remaining fees owed to me direct
with the plaintiff as he still has a 1/7th interest in distribution of assets from the Estate of
Emestine Harris. I believe that a judgment should be entered against the defendants The Estate
of Ernestine Harris, Carol Gregory and Janice Rogers, administrators for a portion of my fees on
account of their failure to take steps to sell this property many years ago and against Kenneth
DECLARATION OF SCOTT I. BASSIN 3Gregory, Tony Gregory and LaMarcus Gregory for inhibiting efforts to sell the Property until
they were evicted by the Sheriff on May 9, 2012.
14. It is my belief that Janice Rogers and Carol Gregory did not wish to sell the Property
because three of their brothers resided in the Property without paying any expenses during the
eight plus years following the death of Ernestine Harris. Since the death of Ernestine Harris we
have made several efforts to persuade Janice Rodgers and Carol Gregory to either sell the
Property, buy out Plaintiff's interest or make the Property income producing. During those eight
years we have received nothing but resistance and delays in seeking a resolve of this matter.
15. The Estate of Ernestine Harris made no effort during the 8 years it has been pending
to sell the Property at 245 Broad Street. Plaintiff contends that this failure to act resulted in the
accumulation of substantial charges due the lender JPMorgan Chase as well as the substantial
costs of attorneys' fees and fees of the Referee.
16. Defendants Kenneth Gregory, Tony Gregory and LaMarcus Gregory lived in the
Property and I believe paid no rent and no portion of the mortgage payments during the eight
years they lived there after the decedent's death. It became necessary for the Referee to evict
them, pursuant to the Order, so that he could show the Property to prospective buyers. The
Referee prosecuted an unlawful detainer action against defendants Tony Gregory and LaMarcus
Gregory, (San Francisco Superior Court Action No. CUD 11 638698) I am informed that those
defendants would not allow prospective buyers to view the property and would not allow the
Referee free access to the Property for the purpose of selling the Property. I am also informed
and believe that the sales price for the house was depressed due to the condition those defendants
left the Property after the eviction was completed.
17. 1am also informed and believe that the foreclosure costs and the $35,931,86 in
unpaid interest and impound balance charged by JP Morgan Chase was a direct result of neither
the Estate nor the occupants of the Property paying the mortgage payments.
18. I believe that the water and refuge liens that were paid out of the escrow were a result!
of use by the defendant Estate and defendants Kenneth Gregory, LaMarcus Gregory and Tony
Gregory.
DECLARATION OF SCOTT I. BASSIN 419. Plaintiff contends that but for this delay, the only charge there would have been in
the Seller's closing statement would have been for the principal balance of the mortgage due JP
Morgan Chase Bank in the sum of $90,889.37.
20. It is Plaintiff's contention that the Estate has already received more than it's one half
interest in the sales proceeds on account of the $90,889.37 paid out of escrow from the sale of the
Property by virtue of the Estate Order that was recorded as a lien against the Property. After
payment of the Referee's charges and costs, there will only be $77,543.80. It is Plaintiff's
contention that this entire amount should be paid to him alone since $90,889.37 has already been
paid from this sale for the benefit of the Estate.
21. In summary, I believe that the charges that could have been avoided that were taken
out of the sales escrow for the Property that were a result of the defendant Estate, Janice Rodgers,
Carol Gregory, Kenneth Gregory, Tony Gregory and LaMarcus Gregory holding the Property
hostage for the 8 years following the death of Ernestine Harris are in the sum of $248,106.41.
But for these charges that resulted from the unnecessary delay in selling the Property, Plaintiff
would have received for his 50% interest in the Property $162,825.11. Since all he can receive is
the $77,543.80, we believe that a judgment should be entered against the defendants Janice
Rodgers, Carol Gregory, individually and as administrators of the Estate of Ernestine Harris,
Kenneth Gregory, Tony Gregory and LaMarcus Gregory the difference between the $162,825.11
Plaintiff should have received and the $77,543.80 he will receive. Therefore we propose a
judgment against said-defendants and in favor of Javier Reyes of $85,281.31
22. Attached hereto as Exhibit D is a spreadsheet calculation of the calculation
supporting the above-judgment analysis. That calculation shows that Plaintiff would have
received from the sale of the Property $ 162,865.11. If Plaintiff received the entire remaining sales
proceeds of $77,543.80, the amount he should have received will be short by $ 85,281.31. Plaintiff
therefore contends that in addition to an order that the remaining $77,543.80 be paid to Plaintiff that a
judgment in the amount of $85,281.31 should be entered in his favor and against Janice Rodgers, Carol
Gregory, the Estate of Ernestine Harris, Kenneth Gregory, LaMarcus Gregory, and Tony Gregory.
I declare under penalty of perjury under the laws of the State of California that to the best
of my knowledge the foregoing is true and correct, except as to those matters stated on
DECLARATION OF SCOTT I. BASSIN 528
29
information or belief, and as to those matter, I believe them to be true. Signed at San Francisco,
California on October _17__, 2012.
SCOTT I. BASSI
Attorney for Javier Reyes
DECLARATION OF SCOTT I. BASSIN 628
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PROOF OF SERVICE BY MAIL, CCP 1013a
I reside in the County of San Francisco; I am over the age of eighteen (18)
years and not a party to the within action. My employment address is 3406
Judah Street, San Francisco, Ca. 94122. I served the parties designated
below on the date set forth below by mailing the following documents:
DECLARATION OF SCOTT I. BASSIN IN SUPPORT OF FINAL JUDGMENT, DECLARATION OF
REFEREE ANTHONY THEOPHILOS RE: FINAL ACCOUNT AND REPORT; DECLARATION OF
PLAINTIFF JAVIER REYES IN SUPPORT OF FINAL JUDGMENT; PROPOSED FINAL JUDGMENT
by placing a true copy thereof enclosed in a sealed envelope
with first-class mail postage thereon, fully prepaid in
a United States Post Office mail box in San Francisco,
California on the date first written below, addressed as indicated below:
CHRISTOPHER N00: ALVARADOSMITH, 1 MACARTHUR PLACE, SUITE 200, SANTA ANA, CA.
927070, CA, 94104
I declare under penalty of perjury under the laws of the_ State of
California that the foregoing is true and correct.
pated: OA SD _, 2012
SCOTT I. BASSIN2537 Ocean Avenue, San Francisco, CA 94132
415 841-8800 + FAX 415 841-9111
DATE: September 5, 2012
ESCROW NO.: 12-740018-YC
LOCATE NO.: CAFNTO938-0938-0005-0000740018
ESCROW OFFICER: Yvonne Chao
Fidelity National Title Company
TIME: 2:26 PM
CLOSING DATE: September 5, 2012
SELLER FINAL CLOSING STATEMENT
SELLER: Anthony Theophilos, pursuant to that certain Order Approving Report of Referee & Sale of Real Prop.under
S.F. Superior C
BUYER: Hiu Hung Leung
PROPERTY: 245 Broad Street,, San Francisco, CA 94112
$ DEBITS $ CREDITS
FINANCIAL:
Total Consideration 492,000.00
PRORATIONS/ ADJUSTMENTS:
Unpaid County Taxes at $2,506.39 Semi-Annual from 7/1/2012 to 891.16
9/5/2012
Credit water lien rolled to 2012/2013 956.29
Credit Refuse lien rolled to 12/2013 prop tax 608.80
TITLE CHARGES:
County Transfer Tax 3,345.60
Recording Trust Deed(s) 128.00
ESCROW CHARGES:
Doc Prep Fees to Fidelity National Title Sub & Recon & Rel of 150.00
liens
Oraw Deed 50.00
Notary Fees 20,00
Outside Courier/Special Messenger 19.98
Extra Check Charge 100.00
PAYOFFS - JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC
Total Payoff $128,596.87
Principal Balance to JPMorgan Chase Bank, National Assn,
successor by merger to Chase Home Finance LLC
Late Charges to JPMorgan Chase Bank, National Assn, successor by
merger to Chase Home Finance LLC
Interest due from 10/1/2009 to 9/7/2012
Other Debit Charge/Recording Fee to JPMorgan Chase Bank,
National Assn, successor by merger to Chase Home Finance LLC
Escrow/Impound Balance to JPMorgan Chase Bank, National Assn,
successor by merger to Chase Home Finance LLC
Corporate Advance to JPMorgan Chase Bank, National Assn,
successor by merger to Chase Home Finance LLC
Trustee Fee to JPMorgan Chase Bank, National Assn, successor by
merger to Chase Home Finance LLC
PAYOFFS - Internal Revenue Service
Total Payoff $18,625.15
IRS lien yr. 2002,04,05,06, 07 good til 9/10/12 to Internal
Revenue Service
PAYOFFS - Scott I. Bassin
Total Payoff $75,000.00
Principal Balance to Scott I. Bassin
PAYOFFS - Linda Harrington
Total Payoff $11,621.34
Principal Balance to Linda Harrington
Interest to 08/23/2012
(cisstmtfs)(07-02)
90,889.37
650.44
21,347.00
34.00
14,584.86
251.00
840.20
18,625.15
75,000.00
7,693.00
3,864.83Date: September 5, 2012 @ Page 2 of 2
Escrow No.: 12-740018-YC ®
Locate No.: CAFNT0938-0938-0005-0000740018
Interest on Principal Balance at 10.00% fr 8/23/2012 thru 29.51
9/5/2012 to Linda Harrington
Recording Fee to Linda Harrington 34.00
COMMISSIONS:
Listing Brokers Commission to Zephyr Real Estate 3.00% 14,760.00
Selling Brokers Commission to Web Home Corporation 3.00% 14,760.00
MISCELLANEOUS:
Golden Gate Tank Removal Inc for Tank Inspection 90.00
Norma Borja for Reimb 1/2 3R report 80.00
Hazel Butterfield for Reimb 1/2 3R report 80.00
Norma Borja for Reimb 1/2 House Cleaning Fee 100.00
Hazel Butterfield for Reimb 1/2 House Cleaning Fee 100.00
Property ID for Property ID 99.00
City Wide Insulation Co. for Energy/Water Conservation 1,835.00
MBV LAW LLP for Attorney's Fee 16,087.41
Jacobs & Spotswood for Attorney's Fee 7,071.00
Janice Rogers & Carol Gregory for Payoff pursuant to ‘SF Superior 15,248.49
Court Order
Carol Gregory for Payoff pursuant to SF Superior Court order 52,918.92
Janice Rogers for Payoff pursuant to SF Superior Court Order 5,238.48
Franchise Tax Board for State Tax Lien-Harris- 1,476.03
SF PUC Water Department for Water lien 58.16
Dennis Vann for Payoff pursuant to SF Superior court order 15,248.49
NET PROCEEDS DUE SELLER $106,635.83
TOTALS $492,000.00 $492,000.00
SAVE THIS STATEMENT FOR INCOME TAX PURPOSES
(clsstmtts)(05-02)@ € @
* eddie?
SUPERIOR COURT OF THE STATE OF CALIFORNIA
_ CITY AND COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
Sek
Estate of . Case No.: 286613
ORDER AFTER HEARING ALLOWING |.
SECOND AMENDED FINAL ACCOUNT,
ALLOWING LIENS AGAINST REAL
PROPERTY, AND DENYING WITHOUT
PREJUDICE FINAL DISTRIBUTION
Deceased Hearing: March 2, 2009
Time: 9:00 a.m.
Room: 204
ERNESTINE HARRIS,
Janice Rogers, as co-administrator of the estate, having filed on February 13,
2009, a Second Amended First and Final Report and Account of Administrator and
Petition for Its Settlement and Approval, for Allowance of Statutory Compensation and
Fees and for Final Distribution tthe Report), and her counsel having supplemented the
Report on February 27, 2009, and the Report having come on for hearing on March 2,
2009, the Court finds as follows:
4. All notices required by-law have been given.
2. There are seven equal heirs of the estate, namely, Janice Rogers, Carol
Gregory, Kenneth Gregory, Tony Gregory, Sherrie Snelgro, who post-deceased the
decedent on October 11, 2008, Lamarcus Gregory, and Javier Reyes.
3. As of October 17, 2008, the estate had among its assets, a one-half
interest in real property located at 245 Broad Street in San Francisco, California, anda
AUG 13 2012.
Fetes
ON: MY] ICE.
A CERIMFIED
IRUMENT.IS
OP RIE ORIGINALe Ce
one-third interest in real property located at 109-113 Pierce Street in San Francisco,
California.
4. The claim of the Franchise Tax Board in the amount of $1,011.91 has
been allowed but not yet paid. .
5. Statutory fees payable to the attorney total $12,429.70. Statutory
commissions payable to the co-administrators total $12,429.70, to be divided equally
between them. s
6. The co-administrators advanced funds to the estate to cover expenses.
Carol Gregory is entitled to be reimbursed $37,620.09. Janice Rogers is entitled to be
reimbursed $4,472.46.
7. There Is insufficient cash in the estate to pay the above claim, fees, and
commission, or to reimburse the co-administrators.
8. The Court cannot order any distribution until the post-deceased heir’s one-+
seventh interest is resolved.
9. The estate is not yet in a condition to be closed.
IT IS ORDERED that:
4. The Second Amended First and Final Report and Account of the sole
petitioning co-administrator of the estate, Janice Rogers, is allowed as filed and
supplemented.
2. The claim of the Franchise Tax Board in the amount of $1,011.91 shall
become a lien against both of thé'Teal properties. Upon payment of the claim, the
Franchise Tax Board shall file a release of fien as to both properties.
3. Statutory-fees payable to the attorney totaling $12,429.70, and statutory
commissions payable to the co-administrators totaling $12,429.70 shall become fiens on
both properties. Upon payment of fees to the attorney, Dennis Vann shall file a release
of lien as to both properties. Upon payment of the commissions, Janice Rogers and
Carol Gregory shall file a release of lien as to both properties.
4, The $37,620.09 advanced to the estate by Carol Gregory, and the
fat 472.46 advanced to the estate by Janice Rogers shall become liens against both
UR?
Qe. 5. ORDER ALLOWING FINAL AG@SUNT AND DENYING FINAL DISTRIBUTION - 2I e C@
3 || properties. Upon payment of the amount owed to her, Carol Gregory or Janice Rogers
2 || shall file a release of lien as to both properties.
3 5. The five liens ordered above shall bear annual interest at the rate of 5%
4 || per annum until paid in full.
5 6. The real properties are legally described as follows:
6 245 Broad Street, San Francisco, California
7 Beginning at a point on the sdutherly line of Broad Street distant
thereon 410 feet westerly from the westerly line of Capitol Avenue,
running thence westerly along said line of Broad Street 25 feet;
9 thence at a right angle southerly 125 fee; thence ata right angle
. easterly 25.feet; thence ata right angle northerly 125 feet to the
10 point of beginning.
Being a portion of Block “F”, Railroad Homestead Association
Assessor's Parcel Number Lot 048, Block 7114
1a 409-113 Pierce Street, San Francisco, California
Beginning at a point on the westerly line of Pierce Street, distant
thereon 27 feet 6 inches northerly from the northerly line of Waller
16 Street; running thence northerlyalong said line of Pierce Street 26
feet 6-1/8 inches; thence’at a fight angle easterly 112 feet 6 inches
to the point of beginning.
Being a portion of Western Addition Block No. 440
Assessor's Parcel Number-Block 0862, Lot 007
2 7. Final distribution is denied without prejudice.
22 8. Astatus hearing is set for April 20, 2009, for the co-administrators to
23 ||report on the status of closing the estate.
os |\Dated: 3 s]04 Sue mn Kalen
26 Commissioner Sue Kaplan,
Judge Pro Tem
aod
ORDER ALLOWING ‘FINAL ACCOUNT AND DENYING FINAL DISTRIBUTION - 3e | (@
IN RE: Estate of ERNESTINE HARRIS/Case No.: PES-04-286613
CERTIFICATE OF SERVICE BY M.
The undersigned certifies, under penalty of perjury, that: 1am a citizen of the United
States, am over the age of 18 years, and am not a patty to the within action. | served
the attached ORDER FOR FINAL DISTRIBUTION AND ALLOWANCE OF
ATTORNEY'S FEES AND ADMINISTRATOR'S COMMISSIONS by enclosing a true
copy thereof in an envelope(s) addressed as shown below and placing the envelope(s)
for collection and mailing on March ¢, 2009 in San Francisco, California following the
Court's ordinary practices. | am readily familiar with the Court's practice for collecting
and processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with
the United States Postal Service in a sealed envelope with postage fully prepaid.
HAR 6 2009 By:
: Elina Leino
Court Administrative Secretary
(C.C.P. 1013a, 20.5.5)
Dated:
Name and address of each person to'whom the attached document was mailed:
Scott Bassin, Esq.
Law Offices of Scott L. Bassin
A Professional Corporation
3406 Judah Street
San Francisco, CA 94122
Dennis Vann, Esq.
35 Grove Street, Suite 110
San Francisco, CA 94102LAW OFFICES OF DENNIS VANN ,
35 Grove Street, Suite 110
San Francisco, California 94102-3329 '
Tel: (415) 621-5645
Fax: (415) 621-5678 '
___ Dennis Vann, Esquire
August 15, 2012
Fidelity National Title Company
2537 Ocean Avenue
San Francisco, CA 94132
Attention: Yvonne Chao
Re: Escrow No. 12-740018-YC
245 Broad Street
San Francisco, CA
Estate of Ernestine Harris
Dear Ms. Chao:
This letter is to demand payoff pursuant to the Order of March 6, 2009 by the San
Francisco Superior Court. The detiaid'is baséd:upon-payoff.by:August:34;:201
eS
1. Statutory Commissions to Janice Rogers and Carol Gregory, $15,241.61, daily interest
@$1.72; xt ob =|5 249 4
2. Statutory Fees to Dennis Vann, $15,241.61, daily interest @ $1.72; ¢4> 4¢% 215; at 8 ¢4
5 |
3. Reimbursement to Carol Gregory $52,668.12, daily interest @ $62.70; ay 2 288 1G = Sa BPA
$332.48
4, Reimbursement to Janice Rogers $5,236.00, daily interst @ .62 per day; xge 2 Ge
Piease note that the
numberis (916):845-30
need any additional inf
DV:se
cc; Janice Rogers
Carole GregoryPROPOSED SELLER CLOSING STATEMENT WITHOUT LITIGATION
FINANCIAL
Total Consideration
Prorations/Adjustments
Unpaid County Taxes at 2,506.39 Semi Annual from 7/1/2012
to 9/5/2012
Water Lien
Refuge Lien
Title Charges
County Transfer tax
Recording Trust Deeds
Escrow Charges
Doc Prep Fees to Fidelity Nation al Title Sub & Recon & Rel of
liens
Draw Deed
Notary Fees
Outside Courier/Special Messinger
Extra Check Charge
891.16
3,345.60
128.00
150.00
50.00
20.00
19.98
100.00
$DEBITS $ CREDITS Debits taken from the
sale escrow that should be
492,000.00 charged to defendants
956.29
608.80
Payorffs- JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC
Principal Balance to JP Morgan Chase Bank, NA
Late Charges
Interest from 10/1/2009 to 9/7/2012
Other Debit recording fee
Escrow/Impound Balance to JP Morgan Chase
Corporate Advance to JP Morgan Chase
Trustee Fee to JP Morgan Chase
Payoffs- Internal Revenue Service
Payoff Scott Bassin, attorneys’ fees
Payoffs- Linda Harrington
Principal
Interest on Principal Balance
Recording Fee to Linda Harrington
Commissions
Listing Broker, Zephyr Real Estate 3%
Selling Broker Web Home Corporation 3%
MISCELLANEOUS
Golden Gate Tank Removal for Inspection
Norma Borja for Reimb 1/2 3R Report
Hazel Butterfield for Reimb 1/2 3r Report
Norma Borja for Reimb 1/2 House Cleaning Fee
90,889.37
18,625.15
7,693.00
3,864.83
29.51
34.00
14,760.00
14,760.00
90.00
80.00
80.00
100.00
650.44
21,347.00
34.00
14,584.86
251.00
840.20
75,000.00
exni6it ©Hazel Butterfield for Reimb 1/2 House Cleaning Fee
Property ID for Property ID
MBV LAW LLP FOR ATTORNEYS' FEES OF REFEREE
JANICE ROGERS & CAROLGREGORY ESTATE LIEN
CAROL GREGORY SUPERIOR COURT ORDER ESTATE
JANICE ROGERS SUPERIOR COURT ORDER ESTATE
DENNIS VANN, SUPERIOR COURT ESTATE LIEN
City Wide Insulation Co for Energy Water Conservation
Jacobs & Spotswood for Attomey's fee
Franchise Tax Board
SF PUC Water Dept for Water Lien
TONY THEOPHILOS REFEREE FEE
ADDITIONAL ATTORNEYS’ FEES FOR REFEREE
Total Debits
Net Seller's Proceeds
Sales Price
One half of net proceeds to Plaintiff Javier Reyes
net sales price
Actual sales proceeds to plaintiff
Amount of proposed judgment against defendants (difference between what
100.00
1,835.00
7,071.00
1,476.03
58.16
166,349.79
325,650.21
162,825.11
16,087.41
15,248.49
52,918.92
5,238.48
15,248.49
24,942.03
4,150.00
plaintiff should have received and the $77,543.80 remaining proceeds)
TOTAL CHARGES RESULTING FROM DEFENDANTS' DELAY IN SELLINC 248106.41
77543.8
243,893.59
85,281.31SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
May-16-2011 11:40 am
Case Number: CGC-09-493106
Filing Date: Apr-28-2011 11:38
Juke Box: 001 Image: 03213067
INTERLOCUTORY JUDGMENT
JAVIER REYES VS. JANICE RODGERS et al
001003213067
Instructions:
Please place this sheet on top of the document to be scanned.
=xnie!!
TTSCOTT I. BASSIN, SBN 98011
SCOTT |, BASSIN. A PROFESSIONAL CORPORATION F I L E D
3406 JUDAH STREET sob rrandisco tn
SAN FRANCISCO, CA. 94122 ty Superior Court
APR 2 8 2011
Telephone :(415) 753-5245
Facsimile: (415) 753-0381 CLERK OF THE COURT
Attorney for Javier Reyes oe
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
JAVIER REYES Case No.: CGC 09 493106
Plaintiff,
v. INTERLOCUTORY JUDGMENT
(California code of Civil Procedure
ections 872-720, 872.820)
JANICE RODGERS, et al.,
Date: April 2 262 2011
Defendants. Time: 9:00A
Place: DEPT. 514
Honorable Ellen Chaitin
The above-entitled case came on regularly for default prove-up on April 28, 2011
and was assigned to the Honorable Ellen Chaitin, Department 514. Scott !. Bassin
appeared as attorney for plaintiff Javier Reyes. Pursuant to the stipulation and order filed
in this matter on January 13, 2011, defendant JPMorgan Chase Bank, NA did not
participate in this proceeding. Defendants Janice Rodgers, Carole Gregory, individually
and as administrators of the Estate of Ernestine Harris, Kenneth Gregory, Tony Gregory,
Carol Gregory, LaMarcus Gregory, The Testate and Intestate Successors of Sherrie
Snelgro, Deceased and all Persons claiming by, through or under said Decedent were
1
INTERLOCUTORY JUDGMENTproperly served with a copy of the summons and complaint. Defendants Janice Rodgers,
Carole Gregory, individually and as administrators of the Estate of Ernestine Harris,
Kenneth Gregory, Tony Gregory, Carol Gregory, LaMarcus Gregory, The Testate and
Intestate Successors of Sherrie Snelgro, Deceased and all Persons claiming by, through
or under said Decedent failed to answer the complaint or appear and defend the action
within the time allowed by law. The defaults of defendants Janice Rodgers, Carole
Gregory, individually and as administrators of the Estate of Ernestine Harris, Kenneth
Gregory, Tony Gregory, Carol Gregory, LaMarcus Gregory, The Testate and Intestate
Successors of Sherrie Snelgro, Deceased and all Persons claiming by, through or under
said Decedent were entered by the clerk upon plaintiffs application.
Witnesses were sworn and examined and documentary evidence was introduced.
The evidence being closed the cause was submitted to the Court for decision and after
deliberation thereon and good cause appearing therefor,
IT IS ORDERED, ADJUDGED AND DECREED:
4. Plaintiff Javier Reyes and defendants Janice Rodgers and Carole Gregory as
administrators of the Estate of Ernestine Harris are the owners as tenants in common of
the following described property:
The real property is commonly known as 245 Broad Street, San Francisco,
California, and more particularly described as follows:
Beginning at a point on the southerly line of Broad Street, distant thereon 410 feet
westerly from the westerly line of Capitol Avenue; running thence westerly along said line
of Broad Street 25 feet; thence at a right angle southerly 125 feet; thence at a right angle
easterly 25 feet; thence at a right angle northerly 125 feet to the point of beginning.
Being a portion of Block “F”, Railroad Homestead Association
A-P.N. Lot 48, Block 7114.;
Defendants Janice Rodgers and Carole Gregory as administrators of the Estate of
Emestine Harris being an owner of an undivided Fifty percent (50%) interest in the
Property subject to a pending order of final distribution in San Francisco Superior Court
Probate Case Number PES 04 286613 and Plaintiff being the owner of an undivided Fifty
percent (50%) interest in the Property.
INTERLOCUTORY JUDGMENT2. The liens and encumbrances on the property appearing of record or otherwise
known to the parties or apparent from an inspection of the property and which will be
materially affected by this action are as follows:
Any taxes and assessments due or payable;
A deed of trust to secure an indebtedness of $129,000.00 from great Western Bank,
a federal savings bank, for which JPMorgan Chase Bank, NA is the successor in interest;
A Deed of trust in favor of Scott |. Bassin to secure an indebtedness of $50,000.00
against the interest of Javier Reyes;
Any unpaid refuge or utility liens of record.
3. Under the circumstances, sale of the property and division of the proceeds would
be more equitable than division of the property.
4. ANTHONY THEOPHILOS is hereby appointed referee with authority to sell the
property at public auction to the highest bidder for cash [except as may be otherwise
provided by Sections 873.600-873.690 of the Code of Civil Procedure] on notice duly given
in the manner required for the sale of real property on execution, or a private sale in the
event the referee shall determine that a private sale will be the most beneficial to all parties
having interests therein, in which event the private sale shall be conducted in the manner
by law. MR. THEO PicOS -s Hace BE COMPENSATED FOL HIS SERVICES FROM
THE SALES PLOLEEOS AT HIS Houtcy RATE OF $250.00 PWS COSTS.
5. The referee shall have authority to recover possession of the real property from
and as required in private sales of real property estates of deceased persons as rom (8
any occupants therein so as to sell the property in a condition that the referee determines
would be in the best interests of the parties.
6. The referee, after making the sale of the real property, is hereby directed to
report to this court the referee's proceedings thereon, and on confirmation of the sale of
the real property by this court and the payment of the purchase price thereof, the referee is|
hereby authorized and directed to execute and deliver a deed of the real property sold to
the purchaser thereof.
INTERLOCUTORY JUDGMENTe e
7. Unless modified by any order confirming sales hereafter entered herein, the
proceeds from the sale shall be applied after the confirmation of the sale as follows:
a. To pay expenses connected with the sale of the property;
b. To pay to defendant JPMorgan Chase Bank, NA the sums due, and to
become due, under its note and deed of trust as verified by a payoff quote at the
time of payment;
c. To pay to Scott I. Bassin, pursuant to Code of Civil Procedure Section 874.020
as and for attorney's fees and costs in bringing this action an amount that would equal
Forty percent (40%) of the net share that would be payable to Javier Reyes for his Fifty
percent (50%) interest in the Property;
d. To pay any taxes or refuge and utility liens of record on the Property that would
need to be paid to pass good title to the buyer.
e. The residue to be divided distributed Fifty percent (50%) to defendants Janice
Rodgers and Carole Gregory as administrators of the Estate of Ernestine Harris, subject to
any order of from the San Francisco Probate Court in Case Number PES 04 286613 that
said-Court deems appropriate and Fifty percent (50%) to plaintiff Javier Reyes.
Dated: , 2011
‘WPR2AK 70% .
Dak
Judge of the Superior Court
APPROVED AS TO FORM
Christopher Yoo
Attorney for JPMorgan Chase Bank, NA
INTERLOCUTORY JUDGMENTOO HAOLO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
‘Aug-28-2012 3:37 pm
Case Number: CGC-09-493106
Filing Date: Aug-28-2012 3:35
Filed by: ERICKA LARNAUTI
Juke Box: 001 Image: 03742610
ORDER
JAVIER REYES VS. JANICE RODGERS et al
001C03742610
Instructions:
Please place this sheet on top of the document to be scanned.
EXT BN FE~
L. PETER RYAN, ESQ. (SBN 134291)
pete@mbvlaw.com
MBV LAW LLP
855 Front Street
San Francisco, California 94111
Telephone: 415-781-4400
Facsimile: 415-989-5143
Attorneys for Referee
Anthony Theophilos
JAVIER REYES,
Plaintiff,
v.
JANICE RODGERS, et al.,
Defendants.
therefor, hereby finds as follows:
concurrently herewith is approved.
IT IS HEREBY ORDERED.
Date: _ 8lashia _.
970955.01/4822-9213-0064, V. 1
Department 302 of the San Francisco Superior Court.
e
FILED
CLE
wy OF THE CouRT
oS 7
Se
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
Case No. CGC-09-493106
ORDER APPROVING REPORT OF REF-
August 28, 2012
11:00 a.m.
302
The Ex Parte Application of Referee Anthony Theophilos came on for hearing on
August 28, 2012 at approximately 11:00 a.m. before the Honorable Harold E. Kahn in
The Court having reviewed the Ex Parte Application and good cause appearing
The report of the Referee Anthony Theophilos is hereby approved and the sale of
the real property pursuant to the Contract attached to the Referee's Declaration filed
The Honorable Harold E. Kahn
Judge of the Superior Court
ORDER APPROVING REPORT AND SALE OF REAL PROPERTY
Preview
MA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-17-2012 3:20 pm Case Number: CGC-09-493106 Filing Date: Oct-17-2012 3:19 Filed by: ROSSALY DELAVEGA Juke Box: 001 Image: 03806468 DECLARATION OF Instructions: JAVIER REYES VS, JANICE RODGERS et al 001C03806468 Please place this sheet on top of the document to be scanned.28 29 Scott I. Bassin, SBN 98011 3406 Judah Street San Francisco, Ca. 9422 Telephone: (415) 753-5245 Facsimile (415) 753-0381 Attorney for: Javier Reyes SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO Unlimited Jurisdiction JAVIER REYES No.CGC CGC 09 493106 Plaintiff, vs. DECLARATION OF SCOTT I. BASSIN IN SUPPORT JANICE RODGERS, et al., OF FINAL JUDGMENT Defendants I, Scott I. Bassin, declare as follows: 1. Lam an attorney at law, licensed to practice before the highest court in the State of California. I have first hand, personal knowledge of the facts recited herein, except where based upon information and belief and as to those matters, I believe them to be true. If called upon, I could and would testify competently to the veracity of such facts. 2. I have represented Plaintiff Javier Reyes in this action as well as in connection with the estate of his grandmother Ernestine Harris, pending in the San Francisco Probate Court as case number PES 04 286613, herein the "Estate". 3. Attached hereto as Exhibit A is a true copy of the closing statement for the sale of the real property at 245 Broad Street, San Francisco, California, the "Property." 4. The default interlocutory judgment appointing Anthony Theophilos as referee with authority to recover possession from defendants residing in the Property for the purpose of selling the Property was made April 28, 2011 by the Honorable Ellen Chaitin. A true copy of the’ DECLARATION OF SCOTT I. BASSIN 1Judgment is attached as Exhibit E. The property was sold by the referee and an Order Approving Report of Referee and Sale of Real Property was entered by this Court on August 28, 2012. A true copy is attached as Exhibit F. 5. Plaintiff Javier Reyes was before the sale of the Property an undivided 50% owner of the Property. The Estate was the other undivided 50% owner of the Property. 6. Pursuant to an order of the Probate Court on March 6, 2009, the "Estate Order", a lien was placed against the Property for statutory administrator's commissions payable to Janice Rogers and Carol Gregory of $15,248.49, statutory attorneys’ fees payable to Dennis Vann of $15,248.49, reimbursement to Carol Gregory of $52,918.92 and reimbursement to Janice Rogers of $5,238.48 as well as $1,476.03 for a Franchise Tax Board Lien. These deductions are reflected in the closing statement attached as Exhibit A. A true copy of the Estate Order is attached hereto as Exhibit B. A true copy of a letter from Dennis Vann to Fidelity Title as a payoff demand upon the sale of the Property is attached as Exhibit C. This lien was placed on the Property because of continuing expenses of the Estate and the lack of cash to meet expenses of the Estate. 7. All of these charges, in the sum of $90,130.41, are charges that belong solely to the Estate of Ernestine Harris and therefore should be charged solely to the share of the sales proceeds that would be distributable to the Estate of Ernestine Harris. 8. At the time the Property was sold by the Referee, the first lender had recorded a Notice of Default and was in the process of moving the property to a trustee's sale. Additionally, the buyer for the Property had extended a limited period of time in which to close the escrow for the sale of the Property. The escrow for the sale of the Property actually closed on a date after which the buyer could have cancelled the purchase of the Property. If that buyer had cancelled the purchase of the Property there would not have been adequate time to find a new buyer, complete the procedure for the sale pursuant to Code of Civil Procedure Sections 873.600-873.690 and obtain court confirmation for that sale. The Referee was therefore under pressure to close that sales transaction as quickly as possible to avoid loss of the Property to the trustee's sale. Consequently the payments outlined in Paragraph 5 above were made without objection by the Referee. DECLARATION OF SCOTT I. BASSIN 29. The Estate also owns an undivided one third interest in the real property commonly known as 235 Pierce Street, San Francisco, California, which has been appraised as having a value of $1,550,000.00. The Estate has made no effort to sell that piece of real property but has instead relied on the sales proceeds from the sale of the Property, 245 Broad Street, of which Plaintiff owned a 50% interest, in order to satisfy the Estate obligations outlined in Paragraph 5 above. 10. Repeated efforts were made to persuade Janice Rodgers and Carol Gregory to sell the Property but no such-efforts were made. They allowed the Property go into default with the First Lender that recorded its 90 day notice of default on July 27, 2012. In April of 2008, Dennis Vann, attorney for Janice Rodgers and Carol Gregory, informed me that they would buy out Plaintiff's interest in both the Broad Street Property and the Pierce Street property ifI would supply appraisals for the properties. After expending $950.00 to obtain these appraisals and giving them a copy, no efforts were made by Janice Rodgers or Carol Gregory to buy any portion of Mr. Reyes’ interest in either of those properties. 11. Plaintiff has an agreement to pay Scott I. Bassin 40% of the appraised value of the Property if the sale did not occur within 60 days of October 12, 2007. The sale took place on September 5, 2012, almost five years after the Oct. 12, 2007 date. 12. The Property had an appraised value of $545,000.00. The property actually sold for $492,000.00. If the actual sales price is taken as the basis for calculating Mr. Bassin's fees, he would be entitled to received $ 196,800.00 for his fees in representing plaintiff in this action. This would, however, wipe out any remaining sales proceeds from the sale. 13. Iam prepared to ask the Court to confirm the $75,000.00 that was paid out of the escrow to me as attorneys fees relating to this partition action so that there are some remaining funds available to plaintiff from this sale. I will work out any remaining fees owed to me direct with the plaintiff as he still has a 1/7th interest in distribution of assets from the Estate of Emestine Harris. I believe that a judgment should be entered against the defendants The Estate of Ernestine Harris, Carol Gregory and Janice Rogers, administrators for a portion of my fees on account of their failure to take steps to sell this property many years ago and against Kenneth DECLARATION OF SCOTT I. BASSIN 3Gregory, Tony Gregory and LaMarcus Gregory for inhibiting efforts to sell the Property until they were evicted by the Sheriff on May 9, 2012. 14. It is my belief that Janice Rogers and Carol Gregory did not wish to sell the Property because three of their brothers resided in the Property without paying any expenses during the eight plus years following the death of Ernestine Harris. Since the death of Ernestine Harris we have made several efforts to persuade Janice Rodgers and Carol Gregory to either sell the Property, buy out Plaintiff's interest or make the Property income producing. During those eight years we have received nothing but resistance and delays in seeking a resolve of this matter. 15. The Estate of Ernestine Harris made no effort during the 8 years it has been pending to sell the Property at 245 Broad Street. Plaintiff contends that this failure to act resulted in the accumulation of substantial charges due the lender JPMorgan Chase as well as the substantial costs of attorneys' fees and fees of the Referee. 16. Defendants Kenneth Gregory, Tony Gregory and LaMarcus Gregory lived in the Property and I believe paid no rent and no portion of the mortgage payments during the eight years they lived there after the decedent's death. It became necessary for the Referee to evict them, pursuant to the Order, so that he could show the Property to prospective buyers. The Referee prosecuted an unlawful detainer action against defendants Tony Gregory and LaMarcus Gregory, (San Francisco Superior Court Action No. CUD 11 638698) I am informed that those defendants would not allow prospective buyers to view the property and would not allow the Referee free access to the Property for the purpose of selling the Property. I am also informed and believe that the sales price for the house was depressed due to the condition those defendants left the Property after the eviction was completed. 17. 1am also informed and believe that the foreclosure costs and the $35,931,86 in unpaid interest and impound balance charged by JP Morgan Chase was a direct result of neither the Estate nor the occupants of the Property paying the mortgage payments. 18. I believe that the water and refuge liens that were paid out of the escrow were a result! of use by the defendant Estate and defendants Kenneth Gregory, LaMarcus Gregory and Tony Gregory. DECLARATION OF SCOTT I. BASSIN 419. Plaintiff contends that but for this delay, the only charge there would have been in the Seller's closing statement would have been for the principal balance of the mortgage due JP Morgan Chase Bank in the sum of $90,889.37. 20. It is Plaintiff's contention that the Estate has already received more than it's one half interest in the sales proceeds on account of the $90,889.37 paid out of escrow from the sale of the Property by virtue of the Estate Order that was recorded as a lien against the Property. After payment of the Referee's charges and costs, there will only be $77,543.80. It is Plaintiff's contention that this entire amount should be paid to him alone since $90,889.37 has already been paid from this sale for the benefit of the Estate. 21. In summary, I believe that the charges that could have been avoided that were taken out of the sales escrow for the Property that were a result of the defendant Estate, Janice Rodgers, Carol Gregory, Kenneth Gregory, Tony Gregory and LaMarcus Gregory holding the Property hostage for the 8 years following the death of Ernestine Harris are in the sum of $248,106.41. But for these charges that resulted from the unnecessary delay in selling the Property, Plaintiff would have received for his 50% interest in the Property $162,825.11. Since all he can receive is the $77,543.80, we believe that a judgment should be entered against the defendants Janice Rodgers, Carol Gregory, individually and as administrators of the Estate of Ernestine Harris, Kenneth Gregory, Tony Gregory and LaMarcus Gregory the difference between the $162,825.11 Plaintiff should have received and the $77,543.80 he will receive. Therefore we propose a judgment against said-defendants and in favor of Javier Reyes of $85,281.31 22. Attached hereto as Exhibit D is a spreadsheet calculation of the calculation supporting the above-judgment analysis. That calculation shows that Plaintiff would have received from the sale of the Property $ 162,865.11. If Plaintiff received the entire remaining sales proceeds of $77,543.80, the amount he should have received will be short by $ 85,281.31. Plaintiff therefore contends that in addition to an order that the remaining $77,543.80 be paid to Plaintiff that a judgment in the amount of $85,281.31 should be entered in his favor and against Janice Rodgers, Carol Gregory, the Estate of Ernestine Harris, Kenneth Gregory, LaMarcus Gregory, and Tony Gregory. I declare under penalty of perjury under the laws of the State of California that to the best of my knowledge the foregoing is true and correct, except as to those matters stated on DECLARATION OF SCOTT I. BASSIN 528 29 information or belief, and as to those matter, I believe them to be true. Signed at San Francisco, California on October _17__, 2012. SCOTT I. BASSI Attorney for Javier Reyes DECLARATION OF SCOTT I. BASSIN 628 29 PROOF OF SERVICE BY MAIL, CCP 1013a I reside in the County of San Francisco; I am over the age of eighteen (18) years and not a party to the within action. My employment address is 3406 Judah Street, San Francisco, Ca. 94122. I served the parties designated below on the date set forth below by mailing the following documents: DECLARATION OF SCOTT I. BASSIN IN SUPPORT OF FINAL JUDGMENT, DECLARATION OF REFEREE ANTHONY THEOPHILOS RE: FINAL ACCOUNT AND REPORT; DECLARATION OF PLAINTIFF JAVIER REYES IN SUPPORT OF FINAL JUDGMENT; PROPOSED FINAL JUDGMENT by placing a true copy thereof enclosed in a sealed envelope with first-class mail postage thereon, fully prepaid in a United States Post Office mail box in San Francisco, California on the date first written below, addressed as indicated below: CHRISTOPHER N00: ALVARADOSMITH, 1 MACARTHUR PLACE, SUITE 200, SANTA ANA, CA. 927070, CA, 94104 I declare under penalty of perjury under the laws of the_ State of California that the foregoing is true and correct. pated: OA SD _, 2012 SCOTT I. BASSIN2537 Ocean Avenue, San Francisco, CA 94132 415 841-8800 + FAX 415 841-9111 DATE: September 5, 2012 ESCROW NO.: 12-740018-YC LOCATE NO.: CAFNTO938-0938-0005-0000740018 ESCROW OFFICER: Yvonne Chao Fidelity National Title Company TIME: 2:26 PM CLOSING DATE: September 5, 2012 SELLER FINAL CLOSING STATEMENT SELLER: Anthony Theophilos, pursuant to that certain Order Approving Report of Referee & Sale of Real Prop.under S.F. Superior C BUYER: Hiu Hung Leung PROPERTY: 245 Broad Street,, San Francisco, CA 94112 $ DEBITS $ CREDITS FINANCIAL: Total Consideration 492,000.00 PRORATIONS/ ADJUSTMENTS: Unpaid County Taxes at $2,506.39 Semi-Annual from 7/1/2012 to 891.16 9/5/2012 Credit water lien rolled to 2012/2013 956.29 Credit Refuse lien rolled to 12/2013 prop tax 608.80 TITLE CHARGES: County Transfer Tax 3,345.60 Recording Trust Deed(s) 128.00 ESCROW CHARGES: Doc Prep Fees to Fidelity National Title Sub & Recon & Rel of 150.00 liens Oraw Deed 50.00 Notary Fees 20,00 Outside Courier/Special Messenger 19.98 Extra Check Charge 100.00 PAYOFFS - JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC Total Payoff $128,596.87 Principal Balance to JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC Late Charges to JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC Interest due from 10/1/2009 to 9/7/2012 Other Debit Charge/Recording Fee to JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC Escrow/Impound Balance to JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC Corporate Advance to JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC Trustee Fee to JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC PAYOFFS - Internal Revenue Service Total Payoff $18,625.15 IRS lien yr. 2002,04,05,06, 07 good til 9/10/12 to Internal Revenue Service PAYOFFS - Scott I. Bassin Total Payoff $75,000.00 Principal Balance to Scott I. Bassin PAYOFFS - Linda Harrington Total Payoff $11,621.34 Principal Balance to Linda Harrington Interest to 08/23/2012 (cisstmtfs)(07-02) 90,889.37 650.44 21,347.00 34.00 14,584.86 251.00 840.20 18,625.15 75,000.00 7,693.00 3,864.83Date: September 5, 2012 @ Page 2 of 2 Escrow No.: 12-740018-YC ® Locate No.: CAFNT0938-0938-0005-0000740018 Interest on Principal Balance at 10.00% fr 8/23/2012 thru 29.51 9/5/2012 to Linda Harrington Recording Fee to Linda Harrington 34.00 COMMISSIONS: Listing Brokers Commission to Zephyr Real Estate 3.00% 14,760.00 Selling Brokers Commission to Web Home Corporation 3.00% 14,760.00 MISCELLANEOUS: Golden Gate Tank Removal Inc for Tank Inspection 90.00 Norma Borja for Reimb 1/2 3R report 80.00 Hazel Butterfield for Reimb 1/2 3R report 80.00 Norma Borja for Reimb 1/2 House Cleaning Fee 100.00 Hazel Butterfield for Reimb 1/2 House Cleaning Fee 100.00 Property ID for Property ID 99.00 City Wide Insulation Co. for Energy/Water Conservation 1,835.00 MBV LAW LLP for Attorney's Fee 16,087.41 Jacobs & Spotswood for Attorney's Fee 7,071.00 Janice Rogers & Carol Gregory for Payoff pursuant to ‘SF Superior 15,248.49 Court Order Carol Gregory for Payoff pursuant to SF Superior Court order 52,918.92 Janice Rogers for Payoff pursuant to SF Superior Court Order 5,238.48 Franchise Tax Board for State Tax Lien-Harris- 1,476.03 SF PUC Water Department for Water lien 58.16 Dennis Vann for Payoff pursuant to SF Superior court order 15,248.49 NET PROCEEDS DUE SELLER $106,635.83 TOTALS $492,000.00 $492,000.00 SAVE THIS STATEMENT FOR INCOME TAX PURPOSES (clsstmtts)(05-02)@ € @ * eddie? SUPERIOR COURT OF THE STATE OF CALIFORNIA _ CITY AND COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION Sek Estate of . Case No.: 286613 ORDER AFTER HEARING ALLOWING |. SECOND AMENDED FINAL ACCOUNT, ALLOWING LIENS AGAINST REAL PROPERTY, AND DENYING WITHOUT PREJUDICE FINAL DISTRIBUTION Deceased Hearing: March 2, 2009 Time: 9:00 a.m. Room: 204 ERNESTINE HARRIS, Janice Rogers, as co-administrator of the estate, having filed on February 13, 2009, a Second Amended First and Final Report and Account of Administrator and Petition for Its Settlement and Approval, for Allowance of Statutory Compensation and Fees and for Final Distribution tthe Report), and her counsel having supplemented the Report on February 27, 2009, and the Report having come on for hearing on March 2, 2009, the Court finds as follows: 4. All notices required by-law have been given. 2. There are seven equal heirs of the estate, namely, Janice Rogers, Carol Gregory, Kenneth Gregory, Tony Gregory, Sherrie Snelgro, who post-deceased the decedent on October 11, 2008, Lamarcus Gregory, and Javier Reyes. 3. As of October 17, 2008, the estate had among its assets, a one-half interest in real property located at 245 Broad Street in San Francisco, California, anda AUG 13 2012. Fetes ON: MY] ICE. A CERIMFIED IRUMENT.IS OP RIE ORIGINALe Ce one-third interest in real property located at 109-113 Pierce Street in San Francisco, California. 4. The claim of the Franchise Tax Board in the amount of $1,011.91 has been allowed but not yet paid. . 5. Statutory fees payable to the attorney total $12,429.70. Statutory commissions payable to the co-administrators total $12,429.70, to be divided equally between them. s 6. The co-administrators advanced funds to the estate to cover expenses. Carol Gregory is entitled to be reimbursed $37,620.09. Janice Rogers is entitled to be reimbursed $4,472.46. 7. There Is insufficient cash in the estate to pay the above claim, fees, and commission, or to reimburse the co-administrators. 8. The Court cannot order any distribution until the post-deceased heir’s one-+ seventh interest is resolved. 9. The estate is not yet in a condition to be closed. IT IS ORDERED that: 4. The Second Amended First and Final Report and Account of the sole petitioning co-administrator of the estate, Janice Rogers, is allowed as filed and supplemented. 2. The claim of the Franchise Tax Board in the amount of $1,011.91 shall become a lien against both of thé'Teal properties. Upon payment of the claim, the Franchise Tax Board shall file a release of fien as to both properties. 3. Statutory-fees payable to the attorney totaling $12,429.70, and statutory commissions payable to the co-administrators totaling $12,429.70 shall become fiens on both properties. Upon payment of fees to the attorney, Dennis Vann shall file a release of lien as to both properties. Upon payment of the commissions, Janice Rogers and Carol Gregory shall file a release of lien as to both properties. 4, The $37,620.09 advanced to the estate by Carol Gregory, and the fat 472.46 advanced to the estate by Janice Rogers shall become liens against both UR? Qe. 5. ORDER ALLOWING FINAL AG@SUNT AND DENYING FINAL DISTRIBUTION - 2I e C@ 3 || properties. Upon payment of the amount owed to her, Carol Gregory or Janice Rogers 2 || shall file a release of lien as to both properties. 3 5. The five liens ordered above shall bear annual interest at the rate of 5% 4 || per annum until paid in full. 5 6. The real properties are legally described as follows: 6 245 Broad Street, San Francisco, California 7 Beginning at a point on the sdutherly line of Broad Street distant thereon 410 feet westerly from the westerly line of Capitol Avenue, running thence westerly along said line of Broad Street 25 feet; 9 thence at a right angle southerly 125 fee; thence ata right angle . easterly 25.feet; thence ata right angle northerly 125 feet to the 10 point of beginning. Being a portion of Block “F”, Railroad Homestead Association Assessor's Parcel Number Lot 048, Block 7114 1a 409-113 Pierce Street, San Francisco, California Beginning at a point on the westerly line of Pierce Street, distant thereon 27 feet 6 inches northerly from the northerly line of Waller 16 Street; running thence northerlyalong said line of Pierce Street 26 feet 6-1/8 inches; thence’at a fight angle easterly 112 feet 6 inches to the point of beginning. Being a portion of Western Addition Block No. 440 Assessor's Parcel Number-Block 0862, Lot 007 2 7. Final distribution is denied without prejudice. 22 8. Astatus hearing is set for April 20, 2009, for the co-administrators to 23 ||report on the status of closing the estate. os |\Dated: 3 s]04 Sue mn Kalen 26 Commissioner Sue Kaplan, Judge Pro Tem aod ORDER ALLOWING ‘FINAL ACCOUNT AND DENYING FINAL DISTRIBUTION - 3e | (@ IN RE: Estate of ERNESTINE HARRIS/Case No.: PES-04-286613 CERTIFICATE OF SERVICE BY M. The undersigned certifies, under penalty of perjury, that: 1am a citizen of the United States, am over the age of 18 years, and am not a patty to the within action. | served the attached ORDER FOR FINAL DISTRIBUTION AND ALLOWANCE OF ATTORNEY'S FEES AND ADMINISTRATOR'S COMMISSIONS by enclosing a true copy thereof in an envelope(s) addressed as shown below and placing the envelope(s) for collection and mailing on March ¢, 2009 in San Francisco, California following the Court's ordinary practices. | am readily familiar with the Court's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. HAR 6 2009 By: : Elina Leino Court Administrative Secretary (C.C.P. 1013a, 20.5.5) Dated: Name and address of each person to'whom the attached document was mailed: Scott Bassin, Esq. Law Offices of Scott L. Bassin A Professional Corporation 3406 Judah Street San Francisco, CA 94122 Dennis Vann, Esq. 35 Grove Street, Suite 110 San Francisco, CA 94102LAW OFFICES OF DENNIS VANN , 35 Grove Street, Suite 110 San Francisco, California 94102-3329 ' Tel: (415) 621-5645 Fax: (415) 621-5678 ' ___ Dennis Vann, Esquire August 15, 2012 Fidelity National Title Company 2537 Ocean Avenue San Francisco, CA 94132 Attention: Yvonne Chao Re: Escrow No. 12-740018-YC 245 Broad Street San Francisco, CA Estate of Ernestine Harris Dear Ms. Chao: This letter is to demand payoff pursuant to the Order of March 6, 2009 by the San Francisco Superior Court. The detiaid'is baséd:upon-payoff.by:August:34;:201 eS 1. Statutory Commissions to Janice Rogers and Carol Gregory, $15,241.61, daily interest @$1.72; xt ob =|5 249 4 2. Statutory Fees to Dennis Vann, $15,241.61, daily interest @ $1.72; ¢4> 4¢% 215; at 8 ¢4 5 | 3. Reimbursement to Carol Gregory $52,668.12, daily interest @ $62.70; ay 2 288 1G = Sa BPA $332.48 4, Reimbursement to Janice Rogers $5,236.00, daily interst @ .62 per day; xge 2 Ge Piease note that the numberis (916):845-30 need any additional inf DV:se cc; Janice Rogers Carole GregoryPROPOSED SELLER CLOSING STATEMENT WITHOUT LITIGATION FINANCIAL Total Consideration Prorations/Adjustments Unpaid County Taxes at 2,506.39 Semi Annual from 7/1/2012 to 9/5/2012 Water Lien Refuge Lien Title Charges County Transfer tax Recording Trust Deeds Escrow Charges Doc Prep Fees to Fidelity Nation al Title Sub & Recon & Rel of liens Draw Deed Notary Fees Outside Courier/Special Messinger Extra Check Charge 891.16 3,345.60 128.00 150.00 50.00 20.00 19.98 100.00 $DEBITS $ CREDITS Debits taken from the sale escrow that should be 492,000.00 charged to defendants 956.29 608.80 Payorffs- JPMorgan Chase Bank, National Assn, successor by merger to Chase Home Finance LLC Principal Balance to JP Morgan Chase Bank, NA Late Charges Interest from 10/1/2009 to 9/7/2012 Other Debit recording fee Escrow/Impound Balance to JP Morgan Chase Corporate Advance to JP Morgan Chase Trustee Fee to JP Morgan Chase Payoffs- Internal Revenue Service Payoff Scott Bassin, attorneys’ fees Payoffs- Linda Harrington Principal Interest on Principal Balance Recording Fee to Linda Harrington Commissions Listing Broker, Zephyr Real Estate 3% Selling Broker Web Home Corporation 3% MISCELLANEOUS Golden Gate Tank Removal for Inspection Norma Borja for Reimb 1/2 3R Report Hazel Butterfield for Reimb 1/2 3r Report Norma Borja for Reimb 1/2 House Cleaning Fee 90,889.37 18,625.15 7,693.00 3,864.83 29.51 34.00 14,760.00 14,760.00 90.00 80.00 80.00 100.00 650.44 21,347.00 34.00 14,584.86 251.00 840.20 75,000.00 exni6it ©Hazel Butterfield for Reimb 1/2 House Cleaning Fee Property ID for Property ID MBV LAW LLP FOR ATTORNEYS' FEES OF REFEREE JANICE ROGERS & CAROLGREGORY ESTATE LIEN CAROL GREGORY SUPERIOR COURT ORDER ESTATE JANICE ROGERS SUPERIOR COURT ORDER ESTATE DENNIS VANN, SUPERIOR COURT ESTATE LIEN City Wide Insulation Co for Energy Water Conservation Jacobs & Spotswood for Attomey's fee Franchise Tax Board SF PUC Water Dept for Water Lien TONY THEOPHILOS REFEREE FEE ADDITIONAL ATTORNEYS’ FEES FOR REFEREE Total Debits Net Seller's Proceeds Sales Price One half of net proceeds to Plaintiff Javier Reyes net sales price Actual sales proceeds to plaintiff Amount of proposed judgment against defendants (difference between what 100.00 1,835.00 7,071.00 1,476.03 58.16 166,349.79 325,650.21 162,825.11 16,087.41 15,248.49 52,918.92 5,238.48 15,248.49 24,942.03 4,150.00 plaintiff should have received and the $77,543.80 remaining proceeds) TOTAL CHARGES RESULTING FROM DEFENDANTS' DELAY IN SELLINC 248106.41 77543.8 243,893.59 85,281.31SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet May-16-2011 11:40 am Case Number: CGC-09-493106 Filing Date: Apr-28-2011 11:38 Juke Box: 001 Image: 03213067 INTERLOCUTORY JUDGMENT JAVIER REYES VS. JANICE RODGERS et al 001003213067 Instructions: Please place this sheet on top of the document to be scanned. =xnie!! TTSCOTT I. BASSIN, SBN 98011 SCOTT |, BASSIN. A PROFESSIONAL CORPORATION F I L E D 3406 JUDAH STREET sob rrandisco tn SAN FRANCISCO, CA. 94122 ty Superior Court APR 2 8 2011 Telephone :(415) 753-5245 Facsimile: (415) 753-0381 CLERK OF THE COURT Attorney for Javier Reyes oe SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO JAVIER REYES Case No.: CGC 09 493106 Plaintiff, v. INTERLOCUTORY JUDGMENT (California code of Civil Procedure ections 872-720, 872.820) JANICE RODGERS, et al., Date: April 2 262 2011 Defendants. Time: 9:00A Place: DEPT. 514 Honorable Ellen Chaitin The above-entitled case came on regularly for default prove-up on April 28, 2011 and was assigned to the Honorable Ellen Chaitin, Department 514. Scott !. Bassin appeared as attorney for plaintiff Javier Reyes. Pursuant to the stipulation and order filed in this matter on January 13, 2011, defendant JPMorgan Chase Bank, NA did not participate in this proceeding. Defendants Janice Rodgers, Carole Gregory, individually and as administrators of the Estate of Ernestine Harris, Kenneth Gregory, Tony Gregory, Carol Gregory, LaMarcus Gregory, The Testate and Intestate Successors of Sherrie Snelgro, Deceased and all Persons claiming by, through or under said Decedent were 1 INTERLOCUTORY JUDGMENTproperly served with a copy of the summons and complaint. Defendants Janice Rodgers, Carole Gregory, individually and as administrators of the Estate of Ernestine Harris, Kenneth Gregory, Tony Gregory, Carol Gregory, LaMarcus Gregory, The Testate and Intestate Successors of Sherrie Snelgro, Deceased and all Persons claiming by, through or under said Decedent failed to answer the complaint or appear and defend the action within the time allowed by law. The defaults of defendants Janice Rodgers, Carole Gregory, individually and as administrators of the Estate of Ernestine Harris, Kenneth Gregory, Tony Gregory, Carol Gregory, LaMarcus Gregory, The Testate and Intestate Successors of Sherrie Snelgro, Deceased and all Persons claiming by, through or under said Decedent were entered by the clerk upon plaintiffs application. Witnesses were sworn and examined and documentary evidence was introduced. The evidence being closed the cause was submitted to the Court for decision and after deliberation thereon and good cause appearing therefor, IT IS ORDERED, ADJUDGED AND DECREED: 4. Plaintiff Javier Reyes and defendants Janice Rodgers and Carole Gregory as administrators of the Estate of Ernestine Harris are the owners as tenants in common of the following described property: The real property is commonly known as 245 Broad Street, San Francisco, California, and more particularly described as follows: Beginning at a point on the southerly line of Broad Street, distant thereon 410 feet westerly from the westerly line of Capitol Avenue; running thence westerly along said line of Broad Street 25 feet; thence at a right angle southerly 125 feet; thence at a right angle easterly 25 feet; thence at a right angle northerly 125 feet to the point of beginning. Being a portion of Block “F”, Railroad Homestead Association A-P.N. Lot 48, Block 7114.; Defendants Janice Rodgers and Carole Gregory as administrators of the Estate of Emestine Harris being an owner of an undivided Fifty percent (50%) interest in the Property subject to a pending order of final distribution in San Francisco Superior Court Probate Case Number PES 04 286613 and Plaintiff being the owner of an undivided Fifty percent (50%) interest in the Property. INTERLOCUTORY JUDGMENT2. The liens and encumbrances on the property appearing of record or otherwise known to the parties or apparent from an inspection of the property and which will be materially affected by this action are as follows: Any taxes and assessments due or payable; A deed of trust to secure an indebtedness of $129,000.00 from great Western Bank, a federal savings bank, for which JPMorgan Chase Bank, NA is the successor in interest; A Deed of trust in favor of Scott |. Bassin to secure an indebtedness of $50,000.00 against the interest of Javier Reyes; Any unpaid refuge or utility liens of record. 3. Under the circumstances, sale of the property and division of the proceeds would be more equitable than division of the property. 4. ANTHONY THEOPHILOS is hereby appointed referee with authority to sell the property at public auction to the highest bidder for cash [except as may be otherwise provided by Sections 873.600-873.690 of the Code of Civil Procedure] on notice duly given in the manner required for the sale of real property on execution, or a private sale in the event the referee shall determine that a private sale will be the most beneficial to all parties having interests therein, in which event the private sale shall be conducted in the manner by law. MR. THEO PicOS -s Hace BE COMPENSATED FOL HIS SERVICES FROM THE SALES PLOLEEOS AT HIS Houtcy RATE OF $250.00 PWS COSTS. 5. The referee shall have authority to recover possession of the real property from and as required in private sales of real property estates of deceased persons as rom (8 any occupants therein so as to sell the property in a condition that the referee determines would be in the best interests of the parties. 6. The referee, after making the sale of the real property, is hereby directed to report to this court the referee's proceedings thereon, and on confirmation of the sale of the real property by this court and the payment of the purchase price thereof, the referee is| hereby authorized and directed to execute and deliver a deed of the real property sold to the purchaser thereof. INTERLOCUTORY JUDGMENTe e 7. Unless modified by any order confirming sales hereafter entered herein, the proceeds from the sale shall be applied after the confirmation of the sale as follows: a. To pay expenses connected with the sale of the property; b. To pay to defendant JPMorgan Chase Bank, NA the sums due, and to become due, under its note and deed of trust as verified by a payoff quote at the time of payment; c. To pay to Scott I. Bassin, pursuant to Code of Civil Procedure Section 874.020 as and for attorney's fees and costs in bringing this action an amount that would equal Forty percent (40%) of the net share that would be payable to Javier Reyes for his Fifty percent (50%) interest in the Property; d. To pay any taxes or refuge and utility liens of record on the Property that would need to be paid to pass good title to the buyer. e. The residue to be divided distributed Fifty percent (50%) to defendants Janice Rodgers and Carole Gregory as administrators of the Estate of Ernestine Harris, subject to any order of from the San Francisco Probate Court in Case Number PES 04 286613 that said-Court deems appropriate and Fifty percent (50%) to plaintiff Javier Reyes. Dated: , 2011 ‘WPR2AK 70% . Dak Judge of the Superior Court APPROVED AS TO FORM Christopher Yoo Attorney for JPMorgan Chase Bank, NA INTERLOCUTORY JUDGMENTOO HAOLO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet ‘Aug-28-2012 3:37 pm Case Number: CGC-09-493106 Filing Date: Aug-28-2012 3:35 Filed by: ERICKA LARNAUTI Juke Box: 001 Image: 03742610 ORDER JAVIER REYES VS. JANICE RODGERS et al 001C03742610 Instructions: Please place this sheet on top of the document to be scanned. EXT BN FE~ L. PETER RYAN, ESQ. (SBN 134291) pete@mbvlaw.com MBV LAW LLP 855 Front Street San Francisco, California 94111 Telephone: 415-781-4400 Facsimile: 415-989-5143 Attorneys for Referee Anthony Theophilos JAVIER REYES, Plaintiff, v. JANICE RODGERS, et al., Defendants. therefor, hereby finds as follows: concurrently herewith is approved. IT IS HEREBY ORDERED. Date: _ 8lashia _. 970955.01/4822-9213-0064, V. 1 Department 302 of the San Francisco Superior Court. e FILED CLE wy OF THE CouRT oS 7 Se SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO Case No. CGC-09-493106 ORDER APPROVING REPORT OF REF- August 28, 2012 11:00 a.m. 302 The Ex Parte Application of Referee Anthony Theophilos came on for hearing on August 28, 2012 at approximately 11:00 a.m. before the Honorable Harold E. Kahn in The Court having reviewed the Ex Parte Application and good cause appearing The report of the Referee Anthony Theophilos is hereby approved and the sale of the real property pursuant to the Contract attached to the Referee's Declaration filed The Honorable Harold E. Kahn Judge of the Superior Court ORDER APPROVING REPORT AND SALE OF REAL PROPERTY