HomeMy WebLinkAbout20260203000971 Findings of Fact, Conclusions of Law, Final Order, and Judgement of Forfeiture Instrument Number: 20260203000971 Document:J Rec: $310.50 Page-1 of 8
Record Date:2/3/2026 3:49 PM
Electronically Recorded King County,WA
Return Address:
City of Auburn
Legal Department
25 West Main Street
Auburn WA 98001
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in)
Findings of Fact, Conclusions of Law, and Final Order and Judgment of Forfeiture
Reference Number(s) of Documents assigned or released:
Additional reference#'s on page of document
Grantor(s) Exactly as name(s)appear on
document
1.Xioa Mei Liu
2.
Additional names on page of document.
Grantee(s) Exactly as name(s)appear on document
1.City of Auburn
2.
Additional names on page of document.
Legal description(abbreviated: i.e. lot,block,plat or section,township,range)
LOT 33,BLOCK 3,FOREST RIDGE ADDITION,ACCORDING TO THE PLAT THEREOF,RECORDED
IN VOLUME 78 OF PLATS,PAGES 94 AND 95,INCLUSIVE,RECORDS OF KING COUNTY,WASHINGTON
Additional legal is on page 2 of document.
Assessor's Property Tax Parcel/Account ❑Assessor Tax#not yet assigned
Number 259750-0510
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and paying an additional$50 recording fee(as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document),because this document does not meet margin and
formatting requirements.Furthermore,I hereby understand that the recording process may cover up or
otherwise obscure some part of the text of the original document as a result of this request."
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Instrument Number: 20260203000971 Document:J Rec: $310.50 Page-2 of 8
Record Date:2/3/2026 3:49 PM King County,WA
FILED
1 2026 FEB 02 03:53 PM
KING COUNTY
SUPERIOR COURT CLERK
E-FILED
3
CASE #: 25-2-24958-1 KNT
4
5
6 SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
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AUBURN POLICE DEPARTMENT,
8 Seizing Agency, NO. 25-2-24958-1 KNT
9 vs.
FINDINGS OF FACT, CONCLUSIONS
10 2732 ALPINE DRIVE SE, AUBURN, KING OF LAW, AND FINAL ORDER AND
COUNTY, WASHINGTON, PARCEL NO. JUDGMENT OF FORFEITURE
11 259750-0510-07, ALL APPURTENANCES
AND IMPROVEMENTS,
12 Defendant in Rem,
13 XIOA MEI LIU, a married woman as her sole
14 and separate property; EAST WEST BANK;
AND FIRST AMERICAN TITLE
15 INSURANCE COMPANY,
Interested Parties.
16
17 THIS MATTER came before the Court on the Seizing Agency's Motion for Order of
is Default and Judgment of Forfeiture. The Court, having reviewed the files and records herein, and
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having heard the arguments of the parties, if any, makes the following Findings of Fact and
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Conclusions of Law, grants the Seizing Agency's Motion, and enters Judgment as follows:
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23 FINDINGS OF FACT
24 1. This matter comes before the Court pursuant the Seizing Agency's Motion, under the
25 authority of RCW 69.50.505.
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FINDINGS OF FACT,CONCLUSIONS OF LAW,ORDER AND CITY OF AUBURN
27 JUDGMENT Legal Department
Page 1 of 6 25 West Main Street
Auburn Washington 98001-4998
(253) 804-3108 FAX(253) 931-4007
Instrument Number: 20260203000971 Document:J Rec: $310.50 Page-3 of 8
Record Date:2/3/2026 3:49 PM King County,WA
1 2. The City of Auburn Police Department ("City") seeks forfeiture of that certain residential
2 real property located at 2732 Alpine Drive SE, Washington, Auburn, King County,
3 Washington ("Auburn house"), and legally described as: LOT 33, BLOCK 3, FOREST
4
RIDGE ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN
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VOLUME 78 OF PLATS, PAGE(S) 94 AND 95, INCLUSIVE, RECORDS OF KING
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COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF KING, STATE OF
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WASHINGTON. (hereinafter the "Property").
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9 3. The Property is currently owned by XIOA MEI LIU, a married woman as her sole and
10 separate property("Liu") and is subject to that certain lien interest (deed of trust) of EAST
11 WEST BANK, recorded under King County Recording No. 20181228001146.
12 4. The evidence establishes the Property was lawfully seized pursuant to RCW 69.50.505.
13 5. Notice of Seizure and Intended Forfeiture was served upon Property owner Liu by personal
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service on December 11, 2024, under Auburn Police Department Case Number 24-04629.
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6. Liu's spouse served the City with a Notice of Claim on December 26, 2024, claiming
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interest, in whole or in part, of real and personal property seized, or alleged to have been
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seized, by the City, related to Auburn Police Department Case Number 24-04629.
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19 7. There are three civil actions presently pending in King County Superior Court related to
20 real and personal property seizures under Auburn Police Department Case Number 24-
21 04629 involving Liu and/or Liu's spouse, Xinquan Lin("Lin")
22 a. Following service of his Notice of Claim, Lin initiated a civil action for return of
23 items of real and personal property seized or alleged to have been seized by the City
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on January 22, 2025 under King County Superior Court No. 25-2-02059-2 KNT
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(the "Lin Action"). Included in the listed property was a community property
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FINDINGS OF FACT,CONCLUSIONS OF LAW,ORDER AND CITY OF AUBURN
27 JUDGMENT Legal Department
Page 2 of 6 25 West Main Street
Auburn Washington 98001-4998
(253) 804-3108 FAX(253) 931-4007
Instrument Number: 20260203000971 Document:J Rec: $310.50 Page-4 of 8
Record Date:2/3/2026 3:49 PM King County,WA
1 ownership interest in the Auburn house. The City filed its Answer in the Lin
2 Action. By Order of Dismissal entered by the King County Superior Court, on or
3 around January 8, 2026, this action has now been resolved.
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b. In an effort to correct certain procedural errors, the City filed the instant case, a
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Complaint for Forfeiture In Rem of real property located at 2732 Alpine Drive, SE,
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Auburn, King County, Washington, on August 29, 2025 ("Auburn Action"). Liu
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is the only individually named interested party in this action, as Liu is the only
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9 owner of record.
10 c. To address the Renton Property, seized as part of Auburn Police Department Case
11 No. 24-04629, the City filed its Complaint for Forfeiture In Rem of real property
12 located at 15603 SE 174th Street, Renton, Auburn, King County, Washington, on
13 August 29, 2025 under King County Superior Court No. 25-2-24961-1 KNT
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("Renton Action"). Xinquan Lin is the only individually named interested party in
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this action, as Lin is the only owner of record. By Order of Default and Judgment
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of Forfeiture, entered and filed on December 16, 2025, this matter involving the
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Renton Property is now resolved.
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19 8. The City properly served Liu and Lin with the Case Scheduling Order, Case Information
20 Cover Sheet, Summons, Complaint, Motion for Warrant of Arrest In Rem, Declaration of
21 Detective Johnson, Lis Pendens and Warrant of Arrest In Rem for the instant case, the
22 Auburn Action, on September 20, 2025.
23 9. The City also provided courtesy copies of the referenced pleadings in this action to Lin's
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attorney in the Lin Action via email on September 9, 2025.
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10. Liu has not appeared in the instant case, either pro se or through counsel.
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FINDINGS OF FACT,CONCLUSIONS OF LAW,ORDER AND CITY OF AUBURN
27 JUDGMENT Legal Department
Page 3 of 6 25 West Main Street
Auburn Washington 98001-4998
(253) 804-3108 FAX(253) 931-4007
Instrument Number: 20260203000971 Document:J Rec: $310.50 Page-5 of 8
Record Date:2/3/2026 3:49 PM King County,WA
1 11. There was no Response of Defendant filed, as required under the Case Schedule.
2 12. The City properly served owner Liu and Liu's spouse, Xinquan Lin, with Notice of the
3 City's Motion for Default, Hearing Notice, Declaration of Jason Whalen in Support of
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Default and proposed Order for the January 23, 2026 hearing.
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13. Neither Lin nor Lin's spouse appeared at the January 23, 2026 hearing.
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14. The evidence in the file established probable cause for the seizure of the Property and
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further establishes that the Property was used with the knowledge of the Property owner,
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9 Lin, for the manufacturing, compounding, processing, delivery, importing or exporting of
10 marijuana in violation of RCW chapter 69.50, 69.41 and/or 69.52.
11 15. East West Bank did not have knowledge of nor consent to the acts leading to the seizure
12 and intended forfeiture of the Property.
13 16. The City acted in good faith in pursuing the seizure and forfeiture of the Property herein.
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17. Liu has been charged with Violation of the Uniformed Controlled Substances Act, not less
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than a Class C felony, under King County Superior Court No. 25-1-06486-3
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18. Lin has been charged with Violation of the Uniform Controlled Substances Act, not less
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than a class C felony, under King County Superior Court No. 25-1-07128-2 KNT.
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Based on the foregoing Findings of Fact, the court makes the following:
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21
CONCLUSIONS OF LAW
22 1. The City has jurisdiction over the subject matter of this proceeding, pursuant to RCW
23 69.50.505.
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2. The Property was lawfully seized by the Auburn Police Department, as Seizing Agency.
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3. The notice and seizure requirements of RCW 69.50.505 were satisfied.
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FINDINGS OF FACT,CONCLUSIONS OF LAW,ORDER AND CITY OF AUBURN
27 JUDGMENT Legal Department
Page 4 of 6 25 West Main Street
Auburn Washington 98001-4998
(253) 804-3108 FAX(253) 931-4007
Instrument Number: 20260203000971 Document:J Rec: $310.50 Page-6 of 8
Record Date:2/3/2026 3:49 PM King County,WA
1 4. The Property was used with the knowledge of the Property owner, Lui, for the
2 manufacturing, compounding,processing, delivery, importing or exporting of marijuana in
3 violation of RCW chapter 69.50, 69.41 or 69.52, and such activity is not less than a class
4
C felony. There is a substantial nexus between the commercial production or sale of the
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controlled substance and the subject Property.
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5. Interested party Lui did not notify the City, in writing or otherwise, of any claim of
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ownership or right to possession of the Auburn Property and did not respond to the
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9 Summons and Complaint filed herein.
10 6. East West Bank has a bona fide security interest in the Property and did not have knowledge
11 of nor consent to the acts leading to the seizure and intended forfeiture of the Property and
12 the City acknowledges that the requested Judgment and Order of Forfeiture will be subject
13 to East West Bank's recorded lien interest.
14
15 ORDER
16 Based on the foregoing, it is hereby ORDERED, ADJUDGED AND DECREED THAT
17 the City's Motion for Order of Default is GRANTED; it is further
is ORDERED, ADJUDGED AND DECREED that the City is entitled to a Final Order and
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Judgment of Forfeiture and all right,title, and interest in and to the subject residential real property,
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commonly known as 2732 Alpine Drive SE, Auburn, King County, Washington ("Auburn
21
house"), and legally described as: LOT 33, BLOCK 3, FOREST RIDGE ADDITION,
ACCORDING TO THE PLAT THEREOF,RECORDED IN VOLUME 78 OF PLATS, PAGE(S)
23
24 94 AND 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN
25 THE COUNTY OF KING, STATE OF WASHINGTON, is hereby forfeited to the City of Auburn
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FINDINGS OF FACT,CONCLUSIONS OF LAW,ORDER AND CITY OF AUBURN
27 JUDGMENT Legal Department
Page 5 of 6 25 West Main Street
Auburn Washington 98001-4998
(253) 804-3108 FAX(253) 931-4007
Instrument Number: 20260203000971 Document:J Rec: $310.50 Page-7 of 8
Record Date:2/3/2026 3:49 PM King County,WA
1 and the Auburn Police Department, as Seizing Agency, subject to the recorded lien interest of East
2 West Bank.
3 SIGNED THIS 2nd DAY OF FEBRUARY, 2026.
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5
6
JUDGE KAREN DONOHUE
7 PRESENTED BY:
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9 /s/Jason M. Whalen
Jason M. Whalen, WSBA 22195
10 Attorney for Seizing Agency
11
Approved as to Form;Notice of
12 Presentation Waived
13 Malcolm Cisneros
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15 Electronically approved
Nicolas Matayron, WSBA# 55613
16 Attorneys for East West Bank, as
Interested Party
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FINDINGS OF FACT,CONCLUSIONS OF LAW,ORDER AND CITY OF AUBURN
27 JUDGMENT Legal Department
Page 6 of 6 25 West Main Street
Auburn Washington 98001-4998
(253) 804-3108 FAX(253) 931-4007
Instrument Number: 20260203000971 Document:J Rec: $310.50 Page-8 of 8
Record Date:2/3/2026 3:49 PM King County,WA
King County Superior Court
Judicial Electronic Signature Page
Case Number: 25-2-24958-1 KNT
Case Title: AUBURN POLICE DEPARTMENT VS 2732 ALPINE DR SE AUBURN KING
COUNTY WASHINGTON
Document Title: Order
Date Signed: 02/02/2026
Judge: Karen Matson Donohue
Key/ID Number: *337401711*
Page Count: This document contains 6 page(s) plus this signature page.