COMPLIANCE INFO_PRE 2019 - Laserfiche WebLink

Home Browse Search

a�,4N!K OFFICE OF THE DEPUTY COUNTY COUNSEL: COUNTY COUNSEL GILBERTO GUTIERREZ P4Cl FCjf��*P COUNTY OF SAN JOAQUIN EDWARD R.BURROUGHS COURTHOUSE,ROOM 711 LAWRENCE P.MEYERS 222 EAST WEBER AVENUE SHELLEY GREEN TER.RENCE R.DERMODY STOCKTON,CA 95202-2777 CAROL BOARDMAN COUNTY COUNSEL TELEPHONE 468-2980(AREA CODE 209) LORI S.WHITTAKER NUCHAEL McGREW FAX 468-2875(AREA CODE 209) DEEANNE WATKINS ASSISTANT COUNTY COUNSEL DAVID WOOTEN CHILD PROTECTIVE CHIEF DEPUTY SERVICES COUNSEL: ROBYN TRUITT DRIVON (209)468-1330 JANINE MOLGAARD CHIEF DEPUTY ROBERTA C.LAGOMARSINI September 23, 1997 MEMORANDUM TO: Eric Trevena, EHD FROM: DeeAnne Watkins Deputy County Counsel RE: Elizabeth Emery Trust, 301 Loma, Lodi Underground Storage Tank I have reviewed the file in the above referenced matter. I concur with the July 1, 1997 letter by Teri Ashby of Bank of America. Title to the property is held by the Elizabeth Emery Trust and Bank of America is a mere lienholder. Enforcement action should be brought against the owner of record, the Elizabeth Emery Trust. Apparently the position of the representative for the Elizabeth Emery Trust is that Bank of America is responsible due to a previous agreement between the parties. I disagree. Follows is a brief review. In 1985, Bank of America obtained a money judgment against Elizabeth Emery and recorded a lien against her property at 301 Loma which was held by the Elizabeth Emery Trust. In 1989 in order to settle ongoing disputes, the parties entered Into an agreement(Settlement Agreement and Mutual Release) in which Bank of America agreed that during Ms. Emery's lifetime, it would not execute, or enforce, its lien against Ms. Emery's property. This agreement did not change the status of the ownership nor the status of the lien on this property. Owner of record remains the Elizabeth Emery Trust. The lienholder remains Bank of America. Bank of America was merely restricted from enforcing the lien during the lifetime of Ms. Emery. The title does not automatically "revert" to Bank of America upon Ms. Emery's death. When and if Bank of America elects to enforce the judgment it will have to comply with enforcement procedures in order to execute their lien on the property. To date,Bank of America has not done so and therefore remains merely a lienholder in the property. In addition, the 1989 Agreement between Bank of America and Elizabeth Emery states on Page 5, Paragraph 3(b) that Ms. Emery shall pay all taxes and other charges, fines and