Opinion
2:16-cv-002258-GMN-CWH
12-05-2022
BANK OF AMERICA, N.A., Plaintiff, v. ALIANTE MASTER ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; NEVADA ASSOCIATION SERVICES, INC., Defendants. SFR INVESTMENTS POOL 1, LLC, Counter/Cross Claimant, v. BANK OF AMERICA, N.A.; ALBERT C. SMITH, an individual; and DAWN D. SMITH, an individual; Counter/Cross Defendants.
KAREN L. HANKS, ESQ. CHANTEL M. SCHIMMING, ESQ. HANKS LAW GROUP Attorneys for SFR Investments Pool 1, LLC
KAREN L. HANKS, ESQ. CHANTEL M. SCHIMMING, ESQ. HANKS LAW GROUP Attorneys for SFR Investments Pool 1, LLC
JUDGMENT BY DEFAULT AGAINST ALBERT C. SMITH
GLORIA M. NAVARRO, DISTRICT JUDGE UNITED STATES DISTRICT COURT
This matter came before the Court on SFR Investments Pool 1, LLC's (“SFR”) Motion for Judgment by Default against Albert C. Smith (“Smith” or “Cross-Defendant”). Having considered the motion, including the declarations attached thereto, the Court makes the following findings of fact and conclusions of law:
1. On December 1, 2016, SFR filed a Cross-Complaint [ECF No. 26] for quiet title and injunctive relief against Smith, relating to real property located at 4029 Buteo Lane, North Las Vegas, Nevada 89084; Parcel No. 124-19-714-025 (“the Property”).
2. Smith failed to answer the complaint within the 21-day time limit set forth in FRCP 12. The Clerk of the Court appropriately entered a default against Smith on March 23, 2020.
3. Smith is not incompetent, an infant, or serving in the United States military.
4. SFR submitted credible evidence in support of its motion in the form of documents obtained from the Official Records of the Clark County Recorder and declarations made under penalty of perjury that demonstrate prima facie grounds sufficient to enter default judgment against Smith.
NOW, THEREFORE, pursuant to FRCP 55(b)(2), having considered the evidence and made the foregoing findings of fact and conclusions of law, and finding good cause, IT IS ORDERED, ADJUDGED AND DECREED that Smith, any successors and assigns, have no right, title or interest in the Property and that SFR is the rightful title owner.
IT IS FURTHER ORDERED that this judgment does not adjudicate SFR's claims against, or the defenses of, any other party to this case.
IT IS FURTHER ORDERED that the Clerk of Court is instructed to close the case.