Opinion
Case No.: 2:12-cv-01319-LDG-CWH
02-14-2013
WALTER TURNER, an individual, and, DONDI TURNER, an individual, Plaintiffs, v. BANK OF AMERICA, N.A., a federally chartered bank, RECONTRUST COMPANY, a foreign company; WELLS FARGO BANK, N.A., as Trustee for CERTIFICATE HOLDERS OF PARK PLACE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-WCW3; ARGENT MORTGAGE COMPANY, LLC, a foreign limited liability company; and DOES 1-20, inclusive, Defendants.
AKERMAN SENTERFITT LLP ARIEL E. STERN, ESQ. Nevada Bar No. 8276 CHRISTINA S. BHIRUD, ESQ. Nevada Bar No. 11462 Attorneys for Defendants Bank of America, N.A., ReconTrust Company, N.A., sued incorrectly as ReconTrust Company, and Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-WCW3, sued incorrectly as Wells Fargo Bank, N.A. as Trustee for Certificate holders of Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-WCW3
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
CHRISTINA S. BHIRUD, ESQ.
Nevada Bar No. 11462
AKERMAN SENTERFITT LLP
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone: (702) 634-5000
Facsimile: (702) 380-8572
Email: ariel.stern@akerman.com
Email: christina.bhirud@akerman.com
Attorneys for Defendants Bank of America, N.A.,
ReconTrust Company, N.A., sued incorrectly as
ReconTrust Company, and Wells Fargo Bank, N.A.,
as Trustee for the Certificateholders of Park Place
Securities, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-WCW3, sued incorrectly as Wells Fargo Bank,
N.A. as Trustee for Certificate holders of Park Place
Securities, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-WCW3
ORDER CANCELLING LIS PENDENS
Argent Mortgage Company filed a motion to dismiss plaintiffs Walter Turner and Dondi Turner's first amended complaint (motion) on December 6, 2012 [Dkt. 18]. Defendants Bank of America, N.A., ReconTrust Company, N.A., sued incorrectly as ReconTrust Company, and Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-WCW3 (defendants), filed a joinder to Argent's motion and asked the Court to expunge the lis pendens on December 31, 2012 [Dkt. 20].
The Court entered an order [Dkt. 24] granting Argent's motion, granting defendants' joinder, and dismissing plaintiffs' first amended complaint with prejudice on January 25, 2013.
The Court finds that plaintiffs recorded a notice of lis pendens on or about May 4, 2012, as document number 201205040003024, in the real property records maintained by the Clark County, Nevada Recorder. A copy of the lis pendens is attached hereto as Exhibit A and fully incorporated by reference.
Upon consideration of defendants' request to cancel the above referenced lis pendens, and good cause appearing therefore, the Court hereby grants defendants their requested relief and rules as follows
IT IS ORDERED, ADJUDGED AND DECREED that the above referenced lis pendens is hereby cancelled, released, and expunged.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this Order cancelling the above referenced lis pendens has the same effect as an expungement of the original lis pendens.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendants record a properly certified copy of this cancellation Order in the real property records of Clark County, Nevada within a reasonable amount of time from the date of this Order's issue.
APPROVED:
____________________________
UNITED STATES DISTRICT JUDGE
Respectfully Submitted By:
AKERMAN SENTERFITT LLP
____________________________
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
CHRISTINA S. BHIRUD, ESQ.
Nevada Bar No. 11462
Attorneys for Defendants Bank of America, N.A.,
ReconTrust Company, N.A., sued incorrectly as
ReconTrust Company, and Wells Fargo Bank, N.A.,
as Trustee for the Certificateholders of Park Place
Securities, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-WCW3, sued incorrectly as Wells Fargo Bank,
N.A. as Trustee for Certificate holders of Park Place
Securities, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-WCW3
EXHIBIT A
RECORDING COVER PAGE
(Must be typed or printed clearly in BLACK ink only and avoid printing in the 1" margins of document) APN# 125-24-304-006 (11 digit Assessor's Parcel Number may be obtained at: http://redrock.co.clark.nv.us/assrrealprop/ownr.aspx)
TITLE OF DOCUMENT
(DO NOT Abbreviate)
Notice of Lis Pendens
Document Title on cover page must appear EXACTLY as the first page of the document to be recorded. RECORDING REQUESTED BY:
David A. Stephens, Esq.
RETURN TO: Name David A. Stephens
Address 3636 North Rancho Drive
City/State/Zip Las Vegas, Nevada 89130 MAIL TAX STATEMENT TO: (Applicable to documents transferring real property)
Name David A. Stephens
Address 3636 North Rancho Drive
City/State/Zip Las Vegas, Nevada 89130
This page provides additional information required by NRS 111.312 Sections 1-2.
An additional recording fee of $1.00 will apply.
To print this document properly—do not use page scaling.
LISP
David A. Stephens, Esq.
Nevada Bar No. 00902
STEPHENS GOURLEY & BYWATER
3636 N. Rancho Drive
Las Vegas, NV 89130
Telephone: (702) 656-2355
Facsimile: (702) 656-2776
Email: dstephens@sgblawfirm.com
Attorneys for Plaintiffs
WALTER TURNER, an individual, and
DONDI TURNER, an individual,
Plaintiff, vs. BANK OF AMERICA, N.A., a federally
chartered bank, RECONTRUST COMPANY,
a foreign company; WELLS FARGO BANK, N.A.
as Trustee for CERTIFICATE HOLDERS
OF PARK PLACE SECURITIES, INC.,
ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-WCW3;
ARGENT MORTGAGE COMPANY, LLC,
a foreign limited liability company;
and DOES 1-20, inclusive,
Defendants.
Case No. A-12-661175-C
Dept No. XXVII
NOTICE OF LIS PENDENS
Date: n/a
Time: n/a
TO: ALL INTERESTED PARTIES
NOTICE IS HEREBY GIVEN that an action has commenced in the Eighth Judicial District Court of the State of Nevada In and For the County of Clark by the above named Plaintiff against the above named Defendants to have the court set aside the foreclosure sale against certain premises and real property. The premises affected by this suit include, but are not limited to, the property more fully described as Exhibit 1 attached to this Notice of Lis Pendens and incorporated herein by this reference.
davidastephens
David A. Stephens, Esq.
Nevada Bar No. 00902
Stephens Gourley & Bywater
3636 N. Rancho Drive
Las Vegas, Nevada 89130
Attorney for Plaintiffs
EXHIBIT 1
APN 125-24-304-006 THE EAST HALF (E «) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 24, TOWNSHIP 19 SOUTH, RANGE 60 EAST, M.D.M. SAVING AND EXCEPTING THEREFROM A FORTY (40) FOOT EASEMENT ON THE SOUTHERLY SIDE THEREOF EXCEPTING THEREFROM THE NORTH 30.00 FEET THEREOF AS CONVEYED TO THE CITY OF LAS VEGAS IN A DEED RECORDED AUGUST 13, 1970 AS DOCUMENT NO. 43405, IN BOOK 55 OF OFFICIAL RECORDS.