Opinion
Case No. 2:11-cv-01608-GMN-CWH
05-02-2013
SUET FONG WONG, an individual, Plaintiff, v. BAC HOME LOANS SERVICING, LP; MERSCORP, INC., a Virginia corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a subsidiary of MERSCORP, INC., a Delaware corporation, et al., Defendants.
J. CHRISTOPHER JORGENSEN, ESQ. State Bar No 5382 MENG ZHONG, ESQ. State Bar No. 12145 LEWIS AND ROCA LLP Attorneys for Defendants
J. CHRISTOPHER JORGENSEN, ESQ.
State Bar No 5382
MENG ZHONG, ESQ.
State Bar No. 12145
LEWIS AND ROCA LLP
Attorneys for Defendants
ORDER CANCELING LIS PENDENS
This Court granted Defendants' Motion to Dismiss on October 11, 2012 [DE 30].
The Court finds that Plaintiff recorded a Notice of Pendency of Action (the "Lis Pendens") on or about August 2, 2011. A copy of the Lis Pendens is attached hereto as Exhibit "A."
UPON CONSIDERATION of Defendants' request to cancel the Lis Pendens and the Court's prior order, and good cause appearing therefore, the Court hereby grants Defendants their requested relief and rules as follows:
1. IT IS ORDERED, ADJUDGED, and DECREED that the Lis Pendens referenced above and any other lis pendens recorded by Plaintiffs are hereby cancelled, released, and expunged.
2. This order has the same effect as an expungement of the original Lis Pendens and any other lis pendens.
3. IT IS FURTHER ORDERED, ADJUDGED and DECREED that Defendants record a properly certified copy of this cancellation order in the real property records of Washoe County, Nevada within a reasonable amount of time from the date of this order's issue.
IT IS SO ORDERED.
____________________________
Gloria M. Navarro
United States District Judge
Submitted by: LEWIS AND ROCA LLP By ____________________________
J. CHRISTOPHER JORGENSEN, ESQ.
MENG ZHONG, ESQ.
3993 Howard Hughes Pkwy., Ste. 600
Las Vegas, NV 89169
Attorneys for Defendants
EXHIBIT "A"
RECORDING REQUESTED BY: Plaintiff: Suet Fong Wong
AND WHEN RECORDED MAIL TO:
LISP
Suet Fong Wong
5402 Night Swim Ln
Las Vegas NV 89113
702-326-7828
SPACE ABOVE THIS LINE FOR RECORDER'S USE
SUET FONG WONG, an individual, Plaintiff(s)
vs. BAC HOME LOANS SERVICING, LP;
MERSCORP, INC., a Virginia Corporation,
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. a subsidiary of MERSCORP,
Inc., a Delaware corporation; AND DOES
individuals 1 to 100, Inclusive; and ROES
Corporations I to 30, Inclusive; and all other
persons and entities unknown claiming any right,
title, estate, lien or interest in the real property
described in the Complaint adverse to Plaintiffs
ownership, or any cloud upon Plaintiffs title
thereto, Defendants.
CASE NO.:
DEPARTMENT:
NOTICE OF LIS PENDENS
AFFECTING REAL PROPERTY
NOTICE: THIS LIS PENDENS IS EFFECTIVE UPON
SERVICE OF THE PARTY REQUESTING SAME
WHEN ISSUED AND AGAINST THE OTHER PARTY
WHEN SERVED, AND SHALL REMAIN IN EFFECT
FROM THE TIME OF ITS ISSUANCE UNITL TRIAL
OR UNTrL DISSOLVED OR MODIFIED BY THE
COURT. DISOBEDIENCE OF THIS LIS PENDENS IS
PUNISHABLE BY CONTEMPT
TO: ALL INTERESTED PARTIES
NOTICE IS HEREBY GIVEN pursuant to NRS Chapter 14, NRS 125.220, and NRS Chapter 608, that there is currently pending in the Judicial District Court.
The action which affects the Title to a specific parcel of real property and the right to lawful possession of the same, the property location is:
5402 Night Swim Ln, Las Vegas NV 89113 And of which the legal description is as follows: APN# 163-28-712-023 southern vista est unit #2 LOT 78, Plat Book 58, Page 56, Block 4 and by Certificate of record on 8/02/1999 in Book 19990802 as Inst. No.00613 all In the office of the County Recorder for Clark County, NEVADA.
and which is identified in the complaint of this action.
The property affected by the action is located in the County of Clark, Nevada. The natures of the claims are:
1. Violations or Unfair Lending Practices-NRS 598(D) 100
2. Deceptive Trade Practices
3. Conspiracy to Commit Fraud and Conversion
4. Conspiracy to Conversion Related to MERS System
5. Inspection and Accounting
6. Unjust Enrichment
7. Breach of Good Faith and Fair Dealing
8. Injunctive Relief
9. Declaratory Relief
10. Rescission
11. Fair Housing Act 42 U.S.C. §3601 et seq
NOTICE IS FURTHER GIVEN that YOU ARE HEREBY PROHIBITED AND RESTRAINED FROM; transferring, encumbering, selling or otherwise disposing of any portion of said real property without the written permission of the court.
Plaintiff Signature(s):
____________________________
Suet Fong Wong
5402 Night Swim Ln
Las Vegas NV 89113
702-326-7828
ACKNOWLEDGEMENT
Subscribed and sworn to before me this 15 day of August Signed: ___ Seal: ___ NOTARY PUBLIC in and for the County of Clark, State of Nevada.