Opinion
Case No.: 2:11-cv-01922-GMN-PAL
05-21-2013
NORMA S. WAGONER, Plaintiff, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., RECONTRUST COMPANY, N.A., BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK, as Trustee for the Certificate Holders CWABS, Inc. Asset-backed Certificates, Series 2005-IM2, FIDELITY NATIONAL DEFAULT SOLUTIONS, LSI TITLE AGENCY, INC., BANK OF AMERICA, N.A., DOES I through X, and ROE CORPORATIONS I through X, Defendants.
ARIEL E. STERN, ESQ. CHRISTINE M. PARVAN, ESQ. Attorneys for Defendants Mortgage Electronic Registration Systems, Inc., ReconTrust Company, N.A., Bank of New York Mellon as Trustee for the Certificate Holders CWABS, Inc. Asset-backed Certificates, Series 2005-IM2, and Bank of America, N.A. JOHN PETER LEE, LTD. JOHNPETER LEE, ESQ. YVETTE R. FREEDMAN, ESQ. Attorneys for Plaintiff
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
CHRISTINE M. PARVAN, ESQ.
Nevada Bar No. 10711
AKERMAN SENTERFITT LLP
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone: (702) 634-5000
Facsimile: (702) 380-8572
Attorneys for Defendants Mortgage
Electronic Registration Systems, Inc.,
ReconTrust Company, N.A., Bank of
New York Mellon as Trustee for the
Certificate Holders CWABS, Inc. Asset-
backed Certificates, Series 2005-IM2,
and Bank of America, N.A.
ORDER CANCELING LIS PENDENS
The Court finds Wagoner recorded a Notice of Lis Pendens Affecting Real Property on or about February 22, 2012 as Instrument Number 201202220002390 in 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.
On November 9, 2011 Wagoner filed a complaint against defendants. Wagoner's complaint was dismissed, without prejudice, by this Court on March 27, 2013. [Dkt. 26]. The Court gave Wagoner leave to amend, but cautioned she needed to file her amended complaint by April 25, 2013 or the entire action would be dismissed with prejudice. Id. (emphasis added).
Wagoner failed to file an amended complaint pursuant to the Court's deadline.
The Court:
1. Orders, adjudges, and decrees that the above-referenced Lis Pendens is canceled, released and expunged.
2. Further orders, adjudges and decrees that this Order canceling the above-referenced Lis Pendens has the same effect as an expungement of the original Lis Pendens.
3. Further orders, adjudges and decrees 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.
IT IS SO ORDERED this 21st day of May, 2013
______________________________
Gloria M. Navarro
Unite(d$tates District Judge
Submitted by:
AKERMAN SENTERFITT LLP
______________________________
ARIEL E. STERN, ESQ.
CHRISTINE M. PARVAN, ESQ.
Attorneys for Defendants Mortgage Electronic
Registration Systems, Inc., ReconTrust
Company, N.A., Bank of New York Mellon as
Trustee for the Certificate Holders CWABS, Inc.
Asset-backed Certificates, Series 2005-IM2, and
Bank of America, N.A.
EXHIBIT 1
Inst #: 201202220002390
Fees: $19.00
N/C Fee: $0.00
02/22/2012 02:49:48 PM
Receipt #: 1073779
Requestor:
JOHN PETER LEE
Recorded By: MJM Pgs: 3
DEBBIE CONWAY
CLARK COUNTY RECORDER
RECORDING COVER PAGE
Must be typed or printed clearly in black ink only. APN# 179-20-817-035
11 digit Assessor's Parcel Number may be obtained at:
http ://redrock.co.clark.ny.us/assrrealprop/ownr.aspx
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:
John Peter Lee, Ltd.
Return to: Name John Peter Lee, Ltd. Address 830 Las Ve9as Boulevard South City/State/Zip Las Vegas, Nevada 89101 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\Form812_2010 JOHN PETER LEE, LTD,
JOHN PETER LEE, ESQ.
Nevada Bar No. 001768
YVETTE R. FREEDMAN, ESQ.
Nevada Bar No. 009898
830 Las Vegas Boulevard South
Las Vegas, Nevada 89101
(702) 382-4044 Fax: (702) 383-9950
E-mail: info@johnpeterlee.com
Attorneys for Plaintiff
NORMA S. WAGONER, Plaintiff,
v.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC.,
RECONTRUST COMPANY, N.A. BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE
HOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-IM2, FIDELITY
NATIONAL DEFAULT SOLUTIONS, LSI TITLE AGENCY INC., BANK OF
AMERICA, N.A., DOES I through X and ROE, CORPORATIONS I through X; Defendants.
CASE NO.:2:11-cv-01922-GMN-PAL
2049.024348-mg
NOTICE OF US PENDENS
NOTICE IS HEREBY GIVEN that a Complaint implicating title has been filed in the above-entitled Court by the Plaintiffs against the named Defendants, Mortgage Electronic Registration Systems Inc., Recontrust Company, N.A., Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificate Holders CWABS, Inc., Asset-Backed Certificates, Series 2005-IM@, Fidelity National Default Solutions, LSI Title Agency Inc., Bank of America, N.A. ... ... ...
The said premises affected by this action is commonly described as 437 Riverton Road, Henderson, Nevada, 89015, situates in Clark County, Nevada, and full legal description being as follows:
Parcel I:
Lot Thirty-Five (35) in Block Three (3) of TRADITIONS at HENDERSON, as shown by map thereof on fie in Book 93 of Plats. Page 82. in the Office of the County Recorder of Clark County, Nevada.
APN# 179-20-817-035
DATED this 22nd of February, 2012.
JOHN PETER LEE, LTD.
BY: ______________________________
JOHNPETER LEE, ESQ.
YVETTE R. FREEDMAN, ESQ.
Attorneys for Plaintiff