Opinion
No. 63279
2013-10-17
ENRICA CASTRO AND JESUS CASTRO, JR., Appellants, v. BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OC4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OC4, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a proper person appeal of a district court summary judgment in a real property action. Eighth Judicial District Court, Clark County; Abbi Silver, Judge.
Appellants obtained a home loan from Decision One Mortgage Company, LLC and executed a promissory note in favor of Decision One. The note was secured by a deed of trust naming Decision One as the lender and Mortgage Electronic Registration System, Inc. ("MERS"), as the beneficiary and nominee of the lender. The deed of trust authorized MERS, as nominee of the lender, to transfer the deed of trust and appoint a successor trustee. Appellants later recorded documents purporting to change the trustee under the deed of trust and reconvey the property to themselves. MERS assigned the deed of trust to respondent, who instituted this action for quiet title seeking to expunge the documents that appellants recorded. Respondent moved for summary judgment, which was not opposed by appellants. Appellants provided no evidence of any kind to the district court, and the district court entered summary judgment in respondent's favor.
Having considered appellants' proper person appeal statement and the record on appeal, we conclude that the district court properly entered summary judgment in respondent's favor. Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
_____________, J.
Hardesty
_____________, J.
Parraguirre
_____________, J.
Cherry
cc: Hon. Abbi Silver, District Judge
Enrica Castro
Jesus Castro, Jr.
Miles, Bauer, Bergstrom & Winters, LLP
Eighth District Court Clerk