Opinion
Case No. 3:10-cv-00136-RCJ-VPC
10-27-2011
DAVID C. CORN, a/k/a DAVID CORN, a/k/a DAVID COURTNEY CORN, an unmarried and/or single man, Plaintiffs, v. RECONTRUST COMPANY, N.A.; FEDERAL NATIONAL MORTGAGE ASSOCIATION; BAC HOME LOAN SERVICING LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING LP; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; WESTERN TITLE COMPANY, INC.; BANK OF AMERICA, SUCCESSOR TO COUNTRYWIDE BANK, FSB; JOHN DOES 1 through 10; ALL NAMED DEFENDANTS JOINTLY AND SEVERALLY, Defendants.
ARIEL E. STERN CHRISTINA S. BHIRUD AKERMAN SENTERFITT LLP Attorneys for BAC Home Loans Servicing LP, ReconTrust Company, N.A., Federal National Mortgage Association, Bank of America, N.A., and Mortgage Electronic Registration Sys. Inc . ( nominally )
ARIEL E. STERN
CHRISTINA S. BHIRUD
AKERMAN SENTERFITT LLP
Attorneys for BAC Home Loans Servicing LP,
ReconTrust Company, N.A., Federal National
Mortgage Association, Bank of America, N.A.,
and Mortgage Electronic Registration Sys. Inc. (nominally)
ORDER CANCELING LIS PENDENS
This Court issued an Order granting Defendants' Motion to Dismiss without leave to amend on March 24, 2011 [Dkt. 24]. On March 30, 2011, Plaintiff DAVID C. CORN, a/k/a DAVID CORN, a/k/a DAVID COURTNEY CORN ("Plaintiff") filed a Motion for District Judge to Reconsider Order [Dkt. 26]. On April 25, 2011, Defendants filed a Response to Plaintiffs Motion for District Judge to Reconsider Order [Dkt. 28]. On September 8, 2011, this Court denied Plaintiff's Motion for District Judge to Reconsider Order [Dkt. 32].
Defendants request that the lis pendens Plaintiff recorded against the subject property in connection with this lawsuit be canceled.
The Court finds that Plaintiff recorded a Notice of Pendency of Action ("Lis Pendens") on January 19, 2010, as Instrument No. 3840716, in the real property records maintained by the Washoe County Recorder. A copy of the Lis Pendens is attached hereto at Exhibit A and fully incorporated by reference.
UPON CONSIDERATION of Defendants' request to cancel the Lis Pendens, 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 is hereby cancelled, released, and expunged.
2. IT IS FURTHER ORDERED, ADJUDGED and DECREED that this Order canceling the Lis Pendens has the same effect as an expungement of the original 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.
APPROVED:
Submitted by:
AKERMAN SENTERFITT LLP
Christina S, Bhirud
ARIEL E. STERN
CHRISTINA S. BHIRUD
Attorneys for Defendants
________________________
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 21st day of September, 2011, and pursuant to FRCP 5(b), I served via CM/ECF and/or deposited for mailing in the U. S. Mail a true and correct copy of the foregoing [Proposed] ORDER CANCELING LIS PENDENS, postage prepaid to the following parties:
GREGORY D. CORN, ESQ.
GREGORY D. CORN, CHTD.
Debbie Julien
An Employee of Akerman Senterfitt
Exhibit A
APN# ____________
Recording Requested by:
Name: ____________
Address: ____________
City/State/Zip: ____________
When Recorded Mail to:
Name: ____________
Address: ____________
City/State/Zip: ____________
Mail Tax Statement to:
Name: ____________
Address: ____________
City/State/Zip: ____________
_____________________
(Title of Document)
Please complete Affirmation Statement beiow:
[ ] I the undersigned hereby affirm that the attached document, including any exhibits, hereby submitted for recording does not contain the personal information of any person or persons. (Per NRS 239B.030)
-OR-
[ ] I the undersignea hereby affirm that the attached document, including any exhibits, hereby submitted for recording does contain the personal information of a person or persons as required by law: ____________ (State specific law)
____________
Signature
____________
Title
____________
Printed Name
This page added to provide Additional information required by NRS 111.312 Sections 1-2 ahd NRS 239B.030 Sectien4. This cover page must be typea or printed in black ink. (Additional recording fee applies)
Code: $1425
Gregory D. Com, Esq.
Attorney for Plaintiff
DAVID C. CORN AKA DAVID CORN AKA DAVID COURTNEY CORN, an unmarried man and/or a single man, Plaintiff,
v.
RECONTRUST COMPANY, N,A. FEDERAL NATIONAL MORTGAGE ASSOCIATION; BAG HOME / LOAN SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVIGING, LP; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.; WESTERN TITLE COMPANY INC.; JOHN DOES 1 THROUGH 10f-ALL NAMED DEFENDANTS_JOINTLY AND SEVERALLY, Defendants
NOTICE OF PENDENCY OF ACTION
(NRS 14.010)
DAVID C. CORN AKA DAVID CORN AKA DAVID COURTNEY CORN, an unmarried man and/or a single man pursuant to the provisions of NRS 14.010 et.seq. hereby gives Notice of the pendency of an action affecting real property and shows the Court as follows:
1. The name(s) of the parties to the civil action filed by Plaintiff are as follows:
A. Plaintiff - DAVID C. CORN AKA DAVID CORN AKA DAVID COURTNEY CORN, an unmarried man and/or a single man.2. The object of action is to challengethe enforceability of the non-judicial foreclosure proceedings taken by the Defendants individually, jointly, and/or severally with aespect to that certain non-judicial foreclosure proceeding agaist Plaintiff resulting in the recordation a Trustees Deed Upon Sale executed by Defendant PECONTRUST COMPANY in favor of Defendant FEDERAL NATIONAL MORTGAGE ASSOCIATION and including causes of action for conversion of the Corn vested estate interest in the real property described below' for fraud by Defendants according to the allegations contained in Plaintiff's Verified Complaint, working an absolute merger of Title of the Corn Trust Deed with the beneficial interest held in the Corn Note and/Deed of Trust held of record by FEDERAL NATIONAL MORTGAGE ASSOCIATION before conveyance of the Corn vested estate to FEDERAL NATIONAL MORTGAGE ASSOCIATION resulting in a loss of the security interest and making the debt, if any, owed by Com under the Promissory
B. Defendants:
a. RECONTRUST COMPANY, N.A.;
b. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA);
c. BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP.;
d. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.;
e. WESTERN TITLE COMPANY,INC.;and
f. JOHN DOES 1 TROUGH 10 - ALL NAMED DEFENDANTS JOINTLY/AND SEVERALLY
Note unsecured; for a Quiet Title; for Conversion; for Judgment of the Court that Defendant BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP, fraudulently failed to permit Plaintiff to exercise of his right to participate in the home retention program signed into law from and after January 15, 2009; also, Plaintiff brings a separate cause of action for judicial declaration that the Dated of Trust was from execution date on or around February 28, 2007 through foreclosure date on or around October 22, 2009 held exclusively by Defendant,MERS and the Note from Note creation date through foreclosure commencement and thereafter held by BAC Home Loan Servicing LP or its predecessors and exclusively collected upon by BAC and not MERand that such conduct by BAC was intentional thereby rendering the Deed of Trust incapable of being foreclosed upon by MERS.
3 The descriptio^ofthe real property to which this lis pendens (NRS 14.010 et. seq.) applies is 1500 FairField,Renp,Nevada (APN: 011-336-08), and more fully described in the Notice of Default (NOD), recorded by Trustee, Defendant RECONTRUST, and thereafter more fully identified in the Notice of Trustees Sale given by Defendant Trustee RECONTRUST as more fully identified in the Verified Complaint filed on or around even date herewith, and in addition for a Judgment of this Court that the credit bid of any and/or all of the Defendant Beneficiaries worked an extinguishment of any promissory obligations due from Plaintiff to each and every, all and singular, jointly/and severely, the Defendants named in the Verified Complaint.
4. The recordation of the filing of the Notice of Pendency of Action must also act as constructive notice to a purchaser or encumbrancer of the real property affected as described hereinabove and in the Verified Complaint,
GREGORY D. CORN CHARTERED
592 5th St.
Elko. NV 89801
By: ____________
GREGORYD D. CORN,ESQ
NV Bar #645
Attorney for PLAINTIFF
CERTIFIED COPY
The document to which this certificate is attached is a full, true and correct copy of the original on file and of record in my office.
DATE: ____________
HOWARD W. CONYERS. Clerk of the Second Judicial Distrist Court, in and for the County of Washoe State of Nevada
By ____________ Deputy