Opinion
Case: 2:11-cv-00692-GMN-GWF
10-27-2011
NOAH-LAS VEGAS FOUNDATION CORPORATION, et al., Plaintiffs, v. WELLS FARGO BANK, N.A., a national banking association; WELLS FARGO HOME MORTGAGE, a national banking association; et al., Defendants.
J. CHRISTOPHER JORGENSEN, ESQ. State Bar No. 5382 MENG ZHONG, ESQ. State Bar No. 8498 LEWIS AND ROCA LLP Attorneys for Defendants Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, Wachovia Mortgage FSB, World Savings Bank, America's Servicing Company and Ever Home Mortgage Corporation
J. CHRISTOPHER JORGENSEN, ESQ.
State Bar No. 5382
MENG ZHONG, ESQ.
State Bar No. 8498
LEWIS AND ROCA LLP
Attorneys for Defendants Wells Fargo Bank, N.A.,
Wells Fargo Home Mortgage, Wachovia Mortgage FSB,
World Savings Bank, America's Servicing Company and
Ever Home Mortgage Corporation
ORDER CANCELING LIS PENDENS
On August 25, 2011, this Court issued a minute order granting the Motion to Quash Service filed on July 27, 2011 by Defendants Wells Fargo Bank, N.A., Wells Fargo Home Mortgage, a division of Wells Fargo Bank, N.A., erroneously sued as Wells Fargo Home Mortgage N.A., Wachovia Mortgage FSB, an entity having been merged into Wells Fargo Bank, N.A., World Savings Bank, an entity having been merged into Wells Fargo Bank, N.A., and America's Servicing Company, a d/b/a of Wells Fargo Home Mortgage.
The Court finds that Plaintiff Conception Bote recorded a Notice of Lis Pendens ('Lis Pendens") in this action regarding the property located at 6684 Ironbound Bay Ave., Las Vegas, NV 89139, APN 176-11-410-027. A copy of the Lis Pendens is attached hereto as Exhibit "A."
UPON CONSIDERATION of Defendants' request to cancel the Lis Pendens and the Court's prior order, 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 referenced above and any other lis pendens recorded by Plaintiff is hereby cancelled, released, and expunged.
2. This order has the same effect as an expungement of the original Lis Pendens and any other 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 Clark County, Nevada within a reasonable amount of time from the date of this order's issue.
Gloria M. Navarro
United States District Judge
Submitted by:
LEWIS AND ROSA LLP
J. CHRISTOPHER JORGENSEN, ESQ.
MENG ZHONG, ESQ.
3993 Howard Hughes Pkwy., Ste. 600
Las Vegas, NV 89169
Attorneys for Defendants Wells Fargo Bank, N.A.,
Wells Fargo Home Mortgage, Wachovia Mortgage FSB,
World Savings Bank, America's Servicing Company and
Ever Home Mortgage Corporation
EXHIBIT "A"
EXHIBIT "A"
TITLE OF DOCUMENT (DO NOT Abbreviate)
NOTICE OF LIS PENDENS
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:
NOAH
Return to:
Name NOAH
Address 1010 North Central Avenue Suite 312
City/State/Zip Glendale, CA 91202
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
JOSLYN J. LAMADRID, SBN 9093
Law Offices of LaMadrid & Associates
10655 Park Run Drive Suite 200
Las Vegas, NV 89144
Tel. 1 (888) 777-9489
Fax. I (888) 755-1416
E-mail: lawsuit@homeownersclassaction.org
FEDERAL DISTRICT COURT
DISTRICT OF NEVADA
CONCEPTION BOTE, a Married Woman Plaintiff,
v.
WELLS FARGO BANK, N.A., a national banking association;
WELLS FARGO HOME MORTGAGE, a national banking association; WACHOVIA MORTGAGE FSB, a national banking association;
WORLD SAVINGS BANK, a federal savings bank; JP MORGAN CHASE BANK,N.A.,
a Delaware corporation, in its own capacity and as an acquirer of certain assets and liabilities of Washington Mutual Bank;
CHASE HOME FINANCE, LLC, a Limited Liability Company; BANK OF AMERICA CORPORATION, a Delaware corporation;
COUNTRYWIDE FINANCIAL CORPORATION, a Delaware corporation, dba BAC HOME LOANS SERVICING;
COUNTRYWIDE HOME LOANS, INC, a New York corporation; CITIM0R7GAGE, INC, a New York corporation;
EMC MORTGAGE, a Delaware corporation; AMERICAN HOME MORTGAGE SERVICING INC., a Delaware corporation;
INDYMAC MORTGAGE SERVICES, unknown corporation; HOMEQ SERVICING, a South Carolina corporation;
AMERICA'S SERVICING COMPANY, a Iowa corporation;
AURORA LOAN SERVICES, a Delaware corporation; MIDLAND MORTGAGE
Case No.: 2:11-CV-00692-GMN-GWF
NOTICE OF LIS PENDENS
Co., a Oklahoma corporation; EVERHOME MORTGAGE CORPORATION, a corporation; US BANK, a corporation;
OCWEN, a corporation, CHASE BANK, a corporation and DOES 1 through 1000, inclusive, Defendants.
NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in the above-entitled court upon a Complaint of the above-named Plaintiff against the above-named Defendants. The complaint alleges a real property claim affecting real property located at: 6684 Ironbound Bay Ave, Las Vegas, NV 89139 County of Clark, State of Nevada
The legal description is attached as Exhibit "A"
The subject of plaintiff's action in the above-entitled action is injunctive relief, fraudulent concealment, intentional misrepresentation, invasion of constitutional rights to privacy, declaratory relief, unfair competition, and damages of the above-referenced property.
Respectfully Submitted:
LAW OFFICES OF LAMADRID & ASSOCIATES
JOSLYN J.LAMADRID
By: _____________
Attorneys for Plaintiffs
EXHIBIT "A"
Lot 141 in Block 1 of Final Map of Pinnacle Peaks -Torrey Pines Southwest, as shown by map thereof on file In Book 91 of Plats, Page 29, and Certificate of amendment thereto recorded October 27, 1999 in Book No. 991027 of Official Records, Clark County Nevada, as Document No. 01272 and amended by Certificate of Amendment recorded July 19, 2000 in Book 20000719 as Document No. 01039 and amended by Certificate of Amendment recorded August 21, 2000 in Book 20000821 as Document No. 00537.
CERTIFICATE OF SERVICE
I, declare that I am a resident of or employed in the County of Los Angeles, State of California. My address is 1010 N Central Ave, Suite 312, Glendale, CA 91202. I am over the age of eighteen years of age and am not a party to this case.
On May 24, 2011, I served the Notice of Lispendens o the parties listed below, by placing true and correct copies thereof encloses in a sealed envelope by mail- postage prepaid in the United States Mail at addressed as follows:
OCWEN FINANCIAL CORPORATION
1201 HAYS STREET
TALLAHASSEE, FL 32301
I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on May 24, 2011.
Signature Tiffany Nhan