Once an acceptable offer has been obtained and ratified, the Referee is required to prepare a report to the court detailing the history of the sales efforts since the Interlocutory Judgment of Partition by Sale, the marketing efforts by the listing broker, and any other facts pertinent to the court's consideration of whether to approve the sale and to proceed with the overbid process.  The listing agreement and the ratified contract should be attached as exhibits.  An example of such a report follows.

The Referee may be called upon to make several reports to the Court during his tenure.  It is common for the Interlocutory Judgment to specify tasks for the Referee that are particular to the property in question.  For example, on a commercial property, a lease may be expiring and the Referee could be called upon to negotiate a new lease with an existing tenant, or attempt to located a replacement tenant.  In either case, the Referee generally does not have independent authority to approve the new lease and that approval should be obtained by motion, particularly when one of the parties objects, or where there is such hostility between the parties that stipulated approval can not be had.  In any such instance, the Referee will provide the Court with a complete report on the situation and will request the Court's approval.  If neither party will support that request with a motion, the Referee may be required to file the motion.

1970 Any Street
Bay Area, CA 94612





unlimited jurisdiction

The undersigned referee renders this return and report of sale.

1.  The real property  to be sold is located at 5065 Santa Rita Road, El Polenta, CA [hereafter referred to as "The Property" and is more particularly described as follows


2.  Notice of sale has been published in the West County Times, posted at the Contra Costa County Courthouse, and properly served on all defendants as is more specifically described in the Declaration of (insert name of declarant) in Support of Plaintiff's Motion to Confirm Sale.

3.  On November 11, 2004, I listed the Property with Security Pacific Real Estate (Richmond Office), a  licensed real estate broker, and specifically with Cutie Saleslady, a sales agent with Security Pacific Real Estate, agreeing to pay a total of 6% of the selling price as real estate commission, one half to Security Pacific and one half to the buyer's broker as is customary.  A true and correct copy of the Listing Agreement is attached hereto as Exhibit A.

4.  By private sale pursuant to a conventional Real Estate form contract dated December 7, 2004 and amended January 10, 2005, as is customarily utilized in this area, Wide Eyed Buyers entered into an agreement to purchase the Property for the total purchase price of $295,000.00 to be paid in cash at close of escrow; $9,900.00 paid as initial deposit; the buyer to pay escrow fee and title insurance; the seller to pay county transfer tax; seller to pay its broker Security Pacific Real Estate 3% of sales price and to pay the buyer's broker 3% of sales price; the sale contingent on confirmation of sale by the above captioned court; insurance and taxes to be prorated as of the date of the transfer of title; the entire sale contingent on confirmation by the above captioned court. A true and correct copy of the amended purchase agreement is attached hereto as Exhibit B and made a part hereof.  All contingencies other than Court confirmation have been removed by the said buyers.

5.  Based on all of the information which has emerged during the course of the transaction, including, but not limited to the condition of the property, its location in relation to other properties, issues relating to ingress and egress, the absence of other offers, among others,  I believe the purchase price is a fair value of The Property.  I am a licensed real estate broker and am familiar with valuation methods as applicable to this property.

6.  The required amount of the first overbid is $310,250.00.  [This is determined by statute.]

7.  The sale of The Property is required by paragraph 9 of the Interlocutory Judgment of Partition, dated July 26, 2004, in the above-captioned matter.

8.  The following amounts are due and payable to the following lienholders from the proceeds of the sale:

a.Valid first mortgage loan with Fairbanks Capital Corp with a current principal balance of approximately $156,000.

b.Valid second mortgage loan with Countrywide Savings with a current principal balance of approximately                               $19,000.

An escrow has been opened at (insert title co) and the true and correct amounts of all liens, prorations, taxes and other costs and expenses will be determined by the said title company at the time of the close of escrow.

[In connection with the public sale of this property, the Referee intends to utilize the Public Sale Rules attached hereto and requests that the Court approve the said Rules.] 


                                                                   MICHAEL S. PECHERER,
                                                                     as  Referee in Partition





PARCEL ONE: Portion of lot 76, Map of Santa Rita Acres, Unit No. 4, filed October 21, 1923, in the Office of the County Recorder of said county, Map Book 19, Page 345, and a portion of Lot 127, Map of San Pablo Rancho, filed on March 1, 1894, in the Office of the County Recorder of said County, described as follows:

BEGINNING at the Southwest corner of Lot 73, as shown on said Ma of Santa Rita Acres, Unit No. 1 (22 M 645) said point of beginning being at the South line of the Parcel of Land described as Parcel Two in the Deed from Thomas Gibbs, et ux, to Vass Craig; thence from said point of beginning, South 68 53' 50" West, 76.50 feet; thence South 27 54' West. 74.12 feet; thence South 66 21' 40" West, 129.75 feet to the most Southerly corner of said Lot 72, as shown on said Map of Santa Rita Acres, Unit No. 1 (122 M 645); thence along the exterior line of said Lot 72, North 50 22' 10" West, 192.17 feet and North 2 03' West, 47.38 feet to the South line of Craif Parcel (1642 OR 423); thence South 85 50' 21" East along said South line 375.36 feet to the point of beginning.

PARCEL TWO: Right of way granted in the Deed to Hugh L. Boyd, et ux, recorded May 20, 1957, Book 2984, Official Records, Page 436, as follows:

A non-exclusive right of way for use as a roadway for vehicles of all kinds, pedestrians, animals and as a right of way for water, gas, oil, and sewer pipe lines, and for telephone, electric light and power lines, together with the necessary poles or conduits to carry said lines, over, under, along and across strip of land described as follows:
[description omitted]