Opinion
Case No.: 2:11-cv-01880-KJD-CWH
04-03-2013
EDWARD THOMAS JOSON, Plaintiff, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; BAC HOME LOANS SERVICING, LP; RECONTRUST COMPANY, N.A.; BANK OF NEW YORK MELLON; and DOES I-X, inclusive, Defendants.
JACOB D. BUNDICK, ESQ. Nevada Bar No. 9772 NATALIE L. WINSLOW, ESQ. Nevada Bar No. 12125 AKERMAN SENTERFITT LLP Attorneys for Defendants
JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
AKERMAN SENTERFITT LLP
Attorneys for Defendants
ORDER EXPUNGING LIS
PENDENS
On December 29, 2011, this Court issued an order dismissing the case without prejudice for plaintiffs failure to update his current address in compliance with Local Special Rule 2-2. Defendants Mortgage Electronic Registration Systems, Inc., Bank of America, N.A., as successor in interest to BAC Home Loans Servicing, LP, ReconTrust Company, N.A., and Bank of New York Mellon request that the lis pendens plaintiff recorded against the subject property be canceled, released, and expunged.
Plaintiff initiated a second lawsuit against Bank of America, N.A., ReconTrust Company, N.A., Mortgage Electronic Registration Systems, Inc., and The Bank of New York Mellon fka Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006, 36T2, Mortgage Pass-Through Certificates, Series 2006-36T2 on April 4, 2012. The defendants removed the case to federal court, designated case no. 2-12-cv-00710-GJM-RJJ. On March 25, 2013, the court dismissed the case with prejudice against plaintiff.
The Court finds that plaintiff recorded a lis pendens on January 31, 2011, as document no. 201101310003469 in the real property records maintained by the Clark County Recorder. A copy of the lis pendens is attached as Exhibit 1 and fully incorporated by reference.
The Court grants defendants their requested relief and rules as follows:
1. It is ordered, adjudged, and decreed that the above-referenced lis pendens is canceled, released, and expunged.
2. It is further ordered, adjudged, and decreed that this Order canceling the above-referenced 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 Order in the real property records of Clark County, Nevada within a reasonable amount of time from the date of this Order's issue.
____________________
District Court Judge
Respectfully submitted by:
AKERMAN SENTERFITT LLP
_________________________
JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Attorneys for Defendants
EXHIBIT 1
EXHIBIT 1
RECORDING COVER PAGE
Must be typed or printed clearly in black ink only.
APN# ____________________
11 digit Assessor's Parcel Number may be obtained at:
h ftp://red rock,co.dark, 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 COMP
EDWARD THOMAS JOSON
913 Los Palomas Drive
Las Vegas, Nevada 89138
Attorney for Plaintiff, in Pro Se
DISTRICT COURT
CLARK COUNTY, NEVADA
EDWARD THOMAS JOSON, Plaintiff,
v.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.;
BAC HOME LOANS SERVICING, LP;
RECONTRUST COMPANY, N.A.; BANK OF NEW YORK MELLON; and
DOES I-X, inclusive. Defendants.
Case No.: A-11-634270-C
Dept.: XXX
Notice of Pendency of Action
NOTICE IS HEREBY GIVEN that the above-entitled action concerning and affecting real property as described herein was commenced on or about January 31, 2011, in the above-named court by Plaintiff EDWARD THOMAS JOSON against MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; BAC HOME LOANS SERVICING, LP; RECONTRUST COMPANY, NA; BANK OF NEW YORK MELLON and DOES I-X, inclusive and the action is now pending the above-named court.
The action concerns the title of the real property located at 913 Los Palomas Drive, Las Vegas, Nevada 89138. The legal Description is as follows:
Lot Twenty-One (21) in Block A of LOS LOMAS AT PASEOS PARCEL"F" @ VILLAGE 23A, as shown by map thereof on file in Book 115 of Plats, Page 13, in the Office of the County Recorder of Clark County, Nevada.
APN: 137-34-815-005
The subject of Plaintiffs action in the above-entitled action is quiet title, declaratory relief, fraud, wrongful foreclosure and damages of the above-referenced property.
_________________________
EDWARD THOMAS JOSON
Attorney for Plaintiff, in Pro Se