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KWOK v. RECONTRUST COMPANY, N.A., 2:09-cv-02298-RLH-LRL. (2014)

Court: District Court, D. Nevada Number: infdco20141202662 Visitors: 6
Filed: Oct. 22, 2014
Latest Update: Oct. 22, 2014
Summary: ORDER CANCELING LIS PENDENS ROGER L. HUNT, District Judge. Defendants ReconTrust Company, N.A., Bank of America, BAC Home Loans Servicing, LP and Mortgage Electronic Registration Systems, Inc. filed a Motion for Order Cancelling Lis Pendens on October 3, 2014 (Dkt. #55). Plaintiff Connie Kwok ("Plaintiff") did not file any opposition. The Court finds that Plaintiff recorded two Notices of Lis Pendens ("Lis Pendens"); one was recorded on October 21, 2009 in Book No. 20091021 as Instrument No.
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ORDER CANCELING LIS PENDENS

ROGER L. HUNT, District Judge.

Defendants ReconTrust Company, N.A., Bank of America, BAC Home Loans Servicing, LP and Mortgage Electronic Registration Systems, Inc. filed a Motion for Order Cancelling Lis Pendens on October 3, 2014 (Dkt. #55). Plaintiff Connie Kwok ("Plaintiff") did not file any opposition.

The Court finds that Plaintiff recorded two Notices of Lis Pendens ("Lis Pendens"); one was recorded on October 21, 2009 in Book No. 20091021 as Instrument No. 0001226, and the second was recorded on July 12, 2012 in Book No. 20120712 as Instrument No. 0001732 in the real property records maintained by the Clark County Recorder. Copies of the two Lis Pendens are attached hereto as Exhibit "A."

UPON CONSIDERATION of Defendants' request to cancel the two recorded Lis Pendens, 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 two Lis Pendens are hereby cancelled, released, and expunged.

2. IT IS FURTHER ORDERED, ADJUDGED and DECREED that this order canceling the two Lis Pendens has the same effect as an expungement of the original 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.

EXHIBIT A

EDWARD G. MARSHALL 324 S. Third Street #2 Las Vegas, NV 89101 TEL (702) 384-7162 FAX (702) 3846584 ATTORNEY FOR PLAINTIFF NSB NO. 323 DISTRICT COURT CLARK COUNTY NEVADA - CASE NO: A-09-602062-C DEPT.NO. 23 CONNIE KWOK PLAINTIFF DATE OF HEARING: ______ VS. TIME OF HEARING: ______ RECONTRUST COMPANY, N.A. BANK OF AMERICA NOTICE OF LIS PENDENS BAC HOME LOANS SERVICING, LP. MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. DEFENDANTS

NOTICE OF LIS PENDENS

TO ALL WHOM IT MAY CONCERN

PLEASE TAKE NOTICE that an action at law has been commenced in the above entitled court by the Plaintiff against the Defendants and that said suit is now pending.

The object of said action is to quiet the title of Plaintiff against all persons and claims who allege any contrary interest therein.

Legal relief has been sought in said suit as pertains to certain real property and which affects the right, title and interest in and to said property.

The property so affected by this suit is described as follows:

APN 163-21-213-052 also described as Lot 314, Block A of Cimarron Meadows, Unit 8 as shown by map on file in Book 74 of Plats, page 43 and Certificate of Amendment recorded October 17, 1996, in Book 961017 as Document No. 01353 of the Official Records of Clark County, Nevada. DATED THIS 21st DAY OF October, 2009. EDWARD G. MARSHALL, Attorney for Plaintiff, 324 South Third Street #2 Las Vegas, Nevada 39101

Electronically by Filed 07/11/2012 03:36:42 PM NOLP JOHN PETER LEE, LTD. CLERK OF THE COURT JOHN PETER LEE, ESQ. Nevada Bar No. 001768 MICHEAL J. BROCK, ESQ. Nevada Bar No. 009353 830 Las Vegas Boulevard South Las Vegas, Nevada 89101 (702) 382-4044 Fax: (702) 383-9950 E-mail: info@johnpeterlee.com Attorneys for Plaintiff DISTRICT COURT CLARK COUNTY, NEVADA CONNIE KWOK, an individual, CASE NO.: A-12-664935-C DEPT NO.: XXXI Plaintiff, v. NOTICE OF LIS PENDENS COUNTRYWIDE HOME LOANS, INC., a corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a corporation; THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA10 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA10; VTI INVESTMENTS, LLC, a limited liability company; DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive, Defendants.

NOTICE IS HEREBY GIVEN that a Complaint implicating title has been filed in the above-entitled Court by the Plaintiff against the named Defendants, Countrywide Home Loans, Inc.; Mortgage Electronic Registration Systems, Inc.; The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006-OA10 Mortgage Pass-Through Certificates, Series 2006OA10; and VTI Investments, LLC.

The said premises affected by this action is commonly described as 8466 Willow Mist Drive, Las Vegas, Nevada 89149, situated in Clark County, Nevada, and full legal description being as follows:

LOT THREE HUNDRED FOURTEEN (314) IN BLOCK "A" OF CIMARRON MEADOWS-UNIT 8, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 74 OF PLATS, PAGE 43, AND BY CERTIFICATE OF AMENDMENT RECORDED OCTOBER 17, 1996 IN BOOK 961017 AS DOC. NO. 01353, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

Clark County Assessor Parcel No. 163-21-213-052.

Source:  Leagle

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