Opinion
Case No.: 3:10~cv-0G553
10-27-2011
S. BURKE SMITH Plaintiff v. HOME123 CORPORATION, a California Corporation, FIRST AMERICAN TITLE INSURANCE COMPANY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC; NEW CENTURY MORTGAGE CORPORATION, NATIONAL DEFAULT SERVICING CORPORATION, NATIONAL CITY MORTGAGE' SELECT PORTFOLIO SERVICING, INC. fka FAIRBANKS CAPITAL CORPORATION; DU MORTGAGE CAPITAL, INC., LPS TITLE COMPANY-NEVADA; WESTERN NEVADA TITLE COMPANY; RHONDA L- JOHNSON, individually; and DOES 1-25 CORPORATIONS, DOES and ROES 1-25 individuals, Partnerships, or anyone claiming any interest to the property described in the action. Defendants.
Donna M. Osborn, Esq. Nevada Bar No. 006527 Attorneys for Defendants, National Default Servicing Corporation, Select Portfolio Servicing, Inc. fka Fairbanks Capital Corporation, DLJ Mortgage Capital, Inc. and Mortgage Electronic Registration Systems, Inc. Approved by Chapter 7 Trustee of S. Burke Smith Bankruptcy Estate Jeri Coppa-Knudson Chapter 7 Trustee of the S. Burke Smith Bankruptcy Estate, Plaintiff
WEIGHT, F1NIAY & ZAK, LLP
Robin Prema Wright, Esq.
Nevada Bar No. 009296
WRIGHT, FINLAY & ZAK, LLP
Donna M. Osborn, Esq.
Nevada Bar No. 006527
Attorneys for Defendants,
National Default Servicing Corporation, Select Portfolio Servicing, Inc. flca
Fairbanks Capital Corporation, DU Mortgage Capital, Inc. and
Mortgage Electronic Registration Systems, Inc.
STIPULATION AND ORDER FOR DISMISSAL OF CASE AND RELEASE OF LIS PENDENS
The parties hereby having reached an agreement and for good cause appearing;
WHEREAS, on April 26, 2011, Plaintiff, S. BURKE SMITH, filed for bankruptcy relief under title 11 of the United States Bankruptcy Code, Chapter 7 as case no BK-N-11-51388-btb. Jeri Coppa-Knudson was appointed as S. Burke Smith's chapter 7 trustee. Pursuant 11 U.S.C. § 541, this claim and cause of action became property of the Smith Bankrutpcy Estate and Jeri Coppa-Knudson became the real party in interest in place of S. Burk Smith in this matter.
WHEREAS, the parties entered into an Agreement and filed a Motion to Approve the settlement with the bankruptcy court. On September 6, 2011 the Bankruptcy Court entered an Order approving the terms of the settlement between the parties.
Pursuant to the terms of the settlement, the parties agree and stipulate as follows:
IT IS HEREBY STIPULATED between The Bankruptcy Estate of Plaintiff, B. Burke Smith, by and through his Chapter 7 Bankruptcy Trustee, Jeri Coppa-Knudson and Defendants National Default Servicing Corporation, Select Portfolio Servicing, Inc. fka Fairbanks Capital Corporation, DLJ Mortgage Capital, Inc. and Mortgage Electronic Registration Systems, Inc., hereinafter collectively referred to as ("Defendants"), by and through their counsel of record, Donna M. Osbora, Esq. of WRIGHT, FINLAY & ZAK, LLP, that the case shall be dismissed as to all Defendants with prejudice.
IT IS FURTHER STIPULATED that the Lis Pendens recorded on July 9, 2010 as Document Number 415248 with the Churchill County Recorder's office should be expunged concerning the real property commonly known as 1269 Goldeneye, Fallon, Nevada 89406, more particularly described as follows:
APN: 001 722 17
LOT 7 AS SHOWN ON THE MAP OF MALLARD ESTATES SUBDIVISION UNIT NO. 2, RECORDED JULY 28, 1999 UNDER DOCUMENT NO. 323707, OFFICIAL RECORDS, CHURCHILL COUNTY, NEVADA.
IT IS FURTHER STIPULATED between the patties that each side shall bear their own fees and costs.
Submitted by:
WRIGHT FINLAY & ZAK, LLP
Donna M. Osborn, Esq.
Nevada Bar No. 006527
Attorneys for Defendants,
National Default Servicing Corporation,
Select Portfolio Servicing, Inc. fka
Fairbanks Capital Corporation, DLJ Mortgage
Capital, Inc. and Mortgage Electronic Registration Systems, Inc.
Approved by
Chapter 7 Trustee of S. Burke Smith
Bankruptcy Estate
Jeri Coppa-Knudson
Chapter 7 Trustee of the S. Burke Smith
Bankruptcy Estate, Plaintiff
ORDER
PURSUANT to the Stipulation above and for good cause appearing:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Complaint is hereby dismissed with prejudice as to Defendants, National Default Servicing Corporation, Select Portfolio Servicing, Inc. fka Fairbanks Capital Corporation, DLJ Mortgage Capital, Inc. and Mortgage Electronic Registration Systems, Inc. and all other Defendants.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Lis Pendens recorded on July 9, 2010 as Document Number 415248 with the Churchill County Recorder's office is hereby cancelled and expunged concerning the real property commonly known as 1269 Goldeneye, Fallon, Nevada 89406, more particularly described as follows:
APN: 001 722 17and hereby has no further force or effect from this day forward.
LOT 7 AS SHOWN ON THE MAP OF MALLARD ESTATES SUBDIVISION UNIT NO. 2, RECORDED JULY 28, 1999 UNDER DOCUMENT NO. 323707, OFFICIAL RECORDS, CHURCHILL COUNTY, NEVADA.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that pursuant to N.R.S. 14.015(5), that any party may record a copy of this order (or appropriate notice) cancelling the Lis Pendens with the Churchill County Recorder's Office,
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each side is to bear their own fees and costs.
IT IS FURTHER ORDERED ADJUDGED AND DECREED that this case is hereby closed.
IT IS SO ORDERED.
____
US DISTRICT COURT JUDGE
RESPECTFULLY SUBMITTED BY:
WIGHT, FINLAY & ZAK, LLP
Donna M. Osborn, Esq.
Nevada Bar No. 006527
Attorneys for Defendants,
National Default Servicing Corporation.
Select Portfolio Servicing, Inc, fka Fairbanks
Capital Corporation, DLJ Mortgage Capital, Inc
and Mortgage Electronic Registration. Systems, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the ____ day of October, 2011, and pursuant to F.R.C.P. Rule 5(b), I served via CM/ECF a true and correct copy of the foregoing STIPULATION AND ORDER OF DISMISSAL AND RELEASE OF LIS PENDENS to all parties and counsel as identified on the Court-generated Notice of Electronic Filing to:
Jeri Coppa-Knudson
3495 Lakeshore Drive
PMB #62
Reno Nevada 89509-4841
Chapter 7 Trustee of the
S. Burke Smith Bankruptcy Estate
An Employee WRIGHT, FINLAY & ZAK, LLP