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CCP 08-10-1998
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CCP 08-10-1998
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<br /> SENT BY:PETERSON FRAM BERGMAN: 8- 6-38 ;12:02PM ;PETERSON FRAM BERGMA"" 6126337833;#10/13 <br /> chusen Lo obtain a personal judgmenL ag"ins!: the owner o[ thC,e <br /> Property tor said amount. <br /> CONCLUS:J:ONS OF LAW <br /> l. The city has taken all necessary procedura.1 stcp.R under <br /> the Hazardous Building Statute to give this CourL jurisdiction to <br /> issue an OrrlF!r i,n this matter. fl'he tonde~. of an Answer on March <br /> 27, 1998, was ineffF,!ctlve as a valid interposition of an Answer. <br /> and its rejection by the Cil:y was proper in all respects. Steven <br /> Nixon is in default on the matter and ten", CHy ~~ - entitled to a <br /> defaul.t Judgment pursuant to the Hazardou~ Building Statute. <br /> Recause n"ither Advanta Mortgil.gc nor Quality Mortgage, USA. Inc. <br /> had an interest of record as of the date of the Resolution and <br /> Order (and did not place their interest at record until after <br /> Steven R. Nixon was already in default) , they were not entitled to ~ <br /> ~ service of the Resolution and Order, nor were they entitled to be <br /> heard in this matter. The service on Advanta Mortgage by the City <br /> of the 'current motion was more than adequate for them to be <br /> afforded the opportunity to be heard on the matter. In fact, the <br /> attorney for Advanta was allowed to be heard at the hearing on this <br /> matter on April 14, 1998. No rights of Advanta Mortgage or Quality <br /> Mortgage USA, Inc " have been violated or ignored in this <br /> proceeding. <br /> - <br /> 6 " <br /> ~ <br />
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