Opinion
Case No.: 2:12-cv-00190-MMD-CWH
11-06-2012
NARDEEP GILL, Plaintiff, v. NATIONAL DEFAULT SERVICING CORPORATION and THE FEDERAL NATIONAL MORTGAGE ASS. and BANK OF AMERICA, N.A. and DOES I-XX, inclusive, Defendants.
ARIEL E. STERN, ESQ. Nevada Bar No. 8276 CHRISTINA S. BHIRUD, ESQ. Nevada Bar No. 11462 AKERMAN SENTERFITT LLP Attorneys for Defendants Federal National Mortgage Association and Bank of America, N.A.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
CHRISTINA S. BHIRUD, ESQ.
Nevada Bar No. 11462
AKERMAN SENTERFITT LLP
Attorneys for Defendants Federal
National Mortgage Association
and Bank of America, N.A.
[Proposed]
ORDER CANCELING LIS PENDENS
This Court issued an order granting plaintiff Nardeep Gill's (plaintiff), and defendants Federal National Mortgage Association (Fannie Mae) and Bank of America, N.A.'s (BANA and, together with Fannie Mae, defendants), stipulation and order for dismissal with prejudice [Dkt. 29] on August 23, 2012 [Dkt. 30].
Defendants request that the lis pendenses currently recorded against the subject property by plaintiff be canceled.
The Court finds that plaintiff recorded a notice of lis pendens against the property located at 4723 Double Down Drive, #102, Las Vegas, Nevada 89122 (APN: 161-21-815-023) on January 17, 2012, as Instrument No. 201201170000696, in the real property records maintained by the Clark County Recorder (First Lis Pendens ),and that plaintiff recorded another notice of lis pendens against the property located at 4723 Double Down Drive, #102, Las Vegas, Nevada 89122 (APN: 161-21-815-023) on February 13, 2012, as Instrument No. 201202130000543, in the real property records maintained by the Clark County Recorder (Second Lis Pendens ).Copies of the First and Second Lis Pendenses are attached hereto as Exhibits A and B, respectively, and fully incorporated by reference.
UPON CONSIDERATION of defendants' request to cancel the First and Second Lis Pendens, and good cause appearing therefore, the Court hereby grants defendants their requested reliefand rules as follows:
1. IT IS ORDERED, ADJUDGED, and DECREED that the First and Second Lis Pendenses are hereby cancelled, released, and expunged.
2. IT IS FURTHER ORDERED, ADJUDGED and DECREED that this order canceling the First and Second Lis Pendenses has the same effect as an expungement of the original First and Second Lis Pendenses.
3. IT IS FURTHER ORDERED, ADJUDGED and DECREED that defendants shall 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
Submitted by: AKERMAN SENTERFITT LLP _________________
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
CHRISTINA S. BHIRUD, ESQ.
Nevada Bar No. 11462
Attorneys for Defendants Federal
National Mortgage Association
and Bank of America, N.A.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on the 23rd day of August, 2012, 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 (if necessary) and addressed to: Nardeep Gill
4723 Double Down Drive
Unit 102
Las Vegas, NV 89122-2509
Plaintiff Pro Se
Adam Crawford
An employee of AKERMAN SENTERFITT LLP
EXHIBIT A
RECORDING COVER PAGE
Must be typed or printed clearly in black ink only. APN# 161-21-815-023
11 digit Assessor's Parcel Number may be obtained at:
httD ://redrock.co.clark.nv.us/assrrealprop/ownr.aspx
TITLE OF DOCUMENT (DO NOT Abbreviate)
_________________
Title of the Document on cover page must be EXACTLY as it appears on the first page of the document to be recorded.
Recording requested by:
Return to:
Name _________________
Address _________________
City/State/Zip _________________
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. P:\Recorder\Forms 12_2010 NOTE
NARDEEP GILL
In Propria Persona
4723 Double Down Dr. Unit 102
Las Vegas, NV 89122-2509
NARDEEP GILL Plaintiff
V.
NATIONAL DEFAULT SERVICING Corporation, and THE FEDERAL
NATIONAL MORTGAGE ASS. And BANK OF AMERICA N.A. and DOES 1-XX inclusive. Defendants
Case No.: A-12-654686-C
Dept No.: XXXII
NOTICE OF LIS PENDENS
NOTICE is given that the above entitled action was filed in the above entitled court on January 13, 2012 by property owner NARDEEP GILL, Plaintiff, against BOA N.A., FANNIE MAE, and FEDERAL NATIONAL MORTGAGE ASS., Defendants. The action affects title to:
4723 Double Down Dr.. #102. Las Vegas. NV 89122
Or the right to possession of the GILL property in the above entitled case.
The GILL property affected by the action is located in Clark County Nevada and is described as:
Tax Parcel No.: 161-21-815-023
Title Report No.: 61101437
By: _________________
NARDEEP GILL
4723 Double Down Dr. #102
Las Vegas, NV 89122
VERIFICATION
1. I, NARDEEP GILL, Sui Juris, Plaintiff of the above entitled action. I have personal knowledge of the matters set forth herein, except as to matters stated upon information and belief and as to those matters I believe to be true.
2. That the facts contained therein are true and correct and are incorporated by reference as though fully set forth herein is done so as not to submit duplicitous content to this Court.
3. Plaintiff, in the above entitled action, hereby verify under penalty of perjury, under the laws of the United States of America, that the above statement of and belief, so help me God, Pursuant to 28 U.S.C. 1746(1).
Signed: _________________
NARDEEP GILL
CERTIFICATE OF SERVICE
I hereby acknowledge and certify that on the 17th of January = , 2012,1 filed a NOTICE OF LIS PENDENS with the Nevada Justice Court 8th Judicial District of Clark County and delivered to Clark County Recorders' Office and by Certified U.S. Mail, prepaid, a true copy to the following at their last known address.
Bank of America N.A.
C/0 CT Corporate System
818 West Seventh St 2nd Floor
Los Angeles, CA 90017
Fannie Mae
Attn: Legal Dept
3900 Wisconsin Av., NW
Washington D.C., 20016
National Default Servicing Corp.
C/O The Corp. Trust Co. of Nevada
311 S. Division St.
Carson, City NV 89703
_________________
Sarabjit Singh
771 E. Horizon Dr
Henderson, NV 89002
EXHIBIT B
RECORDING COVER PAGE
Must be typed or printed clearly in black ink only. APN# 161-21-815-023
11 digit Assessor's Parcel Number may be obtained at:
httD ://redrock.co.clark.nv.us/assrrealprop/ownr.aspx
TITLE OF DOCUMENT (DO NOT Abbreviate)
_________________
Title of the Document on cover page must be EXACTLY as it appears on the first page of the document to be recorded.
Recording requested by:
Return to:
Name _________________
Address _________________
City/State/Zip _________________
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. P:\Recorder\Forms 12_2010 NOTE
NARDEEP GILL
In Propria Persona
4723 Double Down Dr. Unit 102
Las Vegas, NV 89122-2509
NARDEEP GILL Plaintiff
V.
NATIONAL DEFAULT SERVICING Corporation, and THE FEDERAL
NATIONAL MORTGAGE ASS. And BANK OF AMERICA N.A. and DOES 1-XX inclusive. Defendants
Case No.: 2:12-CV-00190-RCJ-CWH
NOTICE OF LIS PENDENS
NOTICE is given that the above entitled action was filed in the above entitled court on January 13, 2012 by property owner NARDEEP GILL, Plaintiff, against BOA N.A., FANNIE MAE, and FEDERAL NATIONAL MORTGAGE ASS., Defendants. The action affects title to:
4723 Double Down Dr.. #102. Las Vegas. NV 89122
Or the right to possession of the GILL property in the above entitled case.
The GILL property affected by the action is located in Clark County Nevada and is described as:
Tax Parcel No.: 161-21-815-023
Title Report No.: 61101437
By: _________________
NARDEEP GILL
4723 Double Down Dr. #102
Las Vegas, NV 89122
VERIFICATION
1. I, NARDEEP GILL, Sui Juris, Plaintiff of the above entitled action. I have personal knowledge of the matters set forth herein, except as to matters stated upon information and belief and as to those matters I believe to be true.
2. That the facts contained therein are true and correct and are incorporated by reference as though fully set forth herein is done so as not to submit duplicitous content to this Court.
3. Plaintiff, in the above entitled action, hereby verify under penalty of perjury, under the laws of the United States of America, that the above statement of and belief, so help me God, Pursuant to 28 U.S.C. 1746(1).
Signed: _________________
NARDEEP GILL
CERTIFICATE OF SERVICE
I hereby acknowledge and certify that on the 13th day of February, 2012, 1 filed a NOTICE OF LIS PENDENS with the United States District Court, District of Nevada and personally delivered to Clark County Recorders' Office and by Certified U.S. Mail, prepaid, a true copy to the following at their last known address.
Akerman Senterfitt LLP
1160 Town Center Dr., Suite 330
Las Vegas, NV 89114
Attorneys for Defendants Bank of
America, N.A. and Fannie Mae
National Default Servicing Corp.
C/O The Corp. Trust Co. of Nevada
311 S. Division St.
Carson, City NV 89703
_________________
Resham Kular
Las Vegas, NV