Judge: HONORABLE MARIE S. WEINER, Department 2
IN RE: 237 AVALON DRIVE, DALY CITY, CA 94015
QUALITY LOAN SERVICE CORP. MATTHEW E. PODMENIK
ALL CLAIMANTS TO SURPLUS FUNDS
MOTION TO DEPOSIT SURPLUS FUNDS PURSUANT TO CIVIL CODE 2924J AND TO
DISCHARGE PETITIONER
TENTATIVE RULING:
PETITIONER TO APPEAR. Please be prepared to explain the following:
1. If the property was sold to a third party at a non-judicial foreclosure sale, has the
Deed of Trust been filed with the County Recorder giving title to the purchaser?
2. If the property was sold to a third party in March 2023, why is Mr. Suafai still living in the
home, and seeking an injunction to stop the sale?
3. What is the difference between a Sale and a Sales Guarantee?
4. Why should the Court discharge the Petition and accept the obligation of soliciting
and paying claims on the residual proceeds, if there is only one potential claimant, i.e.,
there are no “conflicting” claims?
Hearing Date
November 05, 2023
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Judge: HONORABLE MARIE S. WEINER, Department 2
IN RE: 237 AVALON DRIVE, DALY CITY, CA 94015
QUALITY LOAN SERVICE CORP. MATTHEW E. PODMENIK
ALL CLAIMANTS TO SURPLUS FUNDS
MOTION TO DEPOSIT SURPLUS FUNDS PURSUANT TO CIVIL CODE 2924J AND TO
DISCHARGE PETITIONER
TENTATIVE RULING:
PETITIONER TO APPEAR. Please be prepared to explain the following:
1. If the property was sold to a third party at a non-judicial foreclosure sale, has the
Deed of Trust been filed with the County Recorder giving title to the purchaser?
2. If the property was sold to a third party in March 2023, why is Mr. Suafai still living in the
home, and seeking an injunction to stop the sale?
3. What is the difference between a Sale and a Sales Guarantee?
4. Why should the Court discharge the Petition and accept the obligation of soliciting
and paying claims on the residual proceeds, if there is only one potential claimant, i.e.,
there are no “conflicting” claims?