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The Bank of New York Mellon v. Premier One Holdings, Inc., 2:17-cv-00737-JCM-VCF. (2017)

Court: District Court, D. Nevada Number: infdco20171129d68 Visitors: 2
Filed: Nov. 28, 2017
Latest Update: Nov. 28, 2017
Summary: DEFAULT JUDGMENT JAMES C. MAHAN , District Judge . This real property dispute arises from competing claimed rights and interests of residential property located at 9580 W. Reno Avenue Unit 201, Las Vegas, NV 89148 ("Property"). Now before the Court is Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, not individually but solely as trustee for the holders of the Bear Stearns ALT-A Trust 2005-1, Mortgage Pass-Through Certificates, Series 20
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DEFAULT JUDGMENT

This real property dispute arises from competing claimed rights and interests of residential property located at 9580 W. Reno Avenue Unit 201, Las Vegas, NV 89148 ("Property"). Now before the Court is Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, not individually but solely as trustee for the holders of the Bear Stearns ALT-A Trust 2005-1, Mortgage Pass-Through Certificates, Series 2005-1 (hereinafter "BNYM")'s Application for Default Judgment [ECF No. 44].

The Court having reviewed the pleadings and papers on file, being fully advised in the premises, and good cause appearing therefor, enters Judgment in favor of BNYM on its quiet title and declaratory relief claims against Defendants PREMIER ONE HOLDINGS INC. ("Premier One"); YING M. SHIH ("Shih"); SMM Capital LLC ("SMM"); and BIN ZHANG ("Zhang" and collectively with Premier One, Shih and SMM as "Defendants") as follows:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment is hereby entered in favor of BNYM against the Defendants on BNYM's quiet title and declaratory relief claims.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Deed of Trust recorded on October 26, 2004 in the official records of Clark County Recorder's Office as Book and Instrument Number 20041026-0004778 ("BNYM Deed of Trust") still encumbers the Property, and that the Deed of Trust was not extinguished by the HOA Sale held on April 16, 2013, whereby the Premier One purportedly acquired its interest in the Property;

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that BNYM Deed of Trust is senior in priority to any interest held by Defendants, Shih, SMM and Zhang pursuant to the Deeds of Trust recorded in the official records of Clark County Recorder's Office as Book and Instrument Numbers 201305310004365 and 201611290001457 following the HOA Sale;

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the BNYM Deed of Trust is superior to the interest of the Defendants, including any of their successors and assigns, in the Property;

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that BNYM may foreclose on the BYNM Deed of Trust as allowed by Nevada law.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that a copy of this Judgment may be recorded in the official records of Clark County Recorder's Office.

IT IS SO ORDERED.

Source:  Leagle

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