Opinion
CASE NO.: 2:11-cv-00576-JCM-RJJ.
May 25, 2011
JOHN PETER LEE, LTD., JOHN PETER LEE, ESQ., Nevada Bar No. 001768, YVETTE R. FREEDMAN, ESQ., Nevada Bar No. 009898, Las Vegas, Nevada, Attorneys for Plaintiffs.
McCARTHY HOLTHUS, LLP, KRISTIN A. SCHULER-HINTZ, ESQ., Nevada Bar No. 007171, CHRISTOPHER M. HUNTER, ESQ., Nevada Bar No. 008127, Las Vegas, NV, Attorneys for Defendants, Mortgage Electronic Registration Systems, Inc., and Quality Loan Service Corporation.
ORDER GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION
Upon consideration of the Plaintiffs' Motion for a Preliminary Injunction filed on April 29, 2011, and all papers filed in support thereof and in opposition thereto: upon consideration of the statements of counsel, James J. Lee, Esq., on behalf of Jose Luis Velazquez and Jeanette Velazquez ("Plaintiffs") and Christopher M. Hunter, Esq., on behalf of Mortgage Electronic Registration Systems Inc., Aurora Loan Service, LLC and Quality Loan Service Corp., at the hearing on May 13, 2011; and for good cause appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs' Motion for a Preliminary Injunction to enjoin Defendants from proceeding with trustee's sale, of the real property commonly known as 5613 Bridgehampton Avenue, Las Vegas, Nevada, 89130, more specifically as APN No. 125-25-311-015, and further described as:
Parcel I: Lot Fifty-three (53) in Block One (1) of EAGLE CREEK ESTATES SOUTH UNIT 1, as shown by map thereof on file in Book 85 of Plats. Page 14 and amended by that certain Certificate of Amendment recorded August 28, 1998, in Book 980828 as Instrument No. of Official Records in the Office of the County Recorder of Clark County, Nevada
is granted as hereafter provided.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the five thousand dollars ($5,000.00) posted with the Clerk of this Court by the Plaintiffs as security for the Temporary Restraining Order shall be retained by the Clerk of this Court as a good faith deposit against any arrearage in past due monthly mortgage payments until further determination of this Court.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Plaintiffs shall post with the Clerk of this Court an amount equal to the modified trial payments agreed to by the Plaintiffs in the amount of nine hundred and thirty dollars ($930.00) for each month on or by the first day of each month beginning on June 1, 2011, and the same amount for the month of May, 2011, on May 13, 2011, until such time as further determination of this Court security for the preliminary injunction.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this Order shall stay in effect until such future determination by this Court or the Plaintiffs failure to perform their obligations pursuant to this Order.
IT IS HEREBY ORDERED.