Filed: Aug. 06, 2013
Latest Update: Aug. 06, 2013
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is defendant Flagstar Bank, FSB's ("Flagstar") motion to expunge lis pendens. (Doc. # 31). Plaintiff Randy Fortunato had up until July 29, 2013, to file a response. To date, plaintiff has not responded. This is a mortgage foreclosure case. Plaintiff filed an amended complaint in state court on February 13, 2012. ( Id. ). In initiating this lawsuit, plaintiff filed a lis pendens with the Clark County Recorders Office in book numb
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is defendant Flagstar Bank, FSB's ("Flagstar") motion to expunge lis pendens. (Doc. # 31). Plaintiff Randy Fortunato had up until July 29, 2013, to file a response. To date, plaintiff has not responded. This is a mortgage foreclosure case. Plaintiff filed an amended complaint in state court on February 13, 2012. ( Id. ). In initiating this lawsuit, plaintiff filed a lis pendens with the Clark County Recorders Office in book numbe..
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ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is defendant Flagstar Bank, FSB's ("Flagstar") motion to expunge lis pendens. (Doc. # 31). Plaintiff Randy Fortunato had up until July 29, 2013, to file a response. To date, plaintiff has not responded.
This is a mortgage foreclosure case. Plaintiff filed an amended complaint in state court on February 13, 2012. (Id.). In initiating this lawsuit, plaintiff filed a lis pendens with the Clark County Recorders Office in book number 20120309 as instrument number 0002633. (Doc. # 31, Ex. 1).
Defendants removed the case to federal court on March 6, 2012. (Id.). The amended complaint includes four claims for relief: (1) fraud, (2) quiet title, (3) violations of NRS 107.086(4)-(5), 107.200, and 107.220, and (4) breach of contract. (Id.).
The court previously dismissed plaintiff's first, second, and fourth causes of action. (Doc. # 26). The court also partially dismissed plaintiff's third cause of action that alleged violations of NRS § 107.086(4)-(5). (Id.) The court declined to dismiss plaintiff's claim for alleged violations of NRS §§ 107.200 and 107.220 because the motion to dismiss failed to address plaintiff's allegation that he requested information about the loan from Flagstar and never received this information. Flagstar then moved for summary judgment as to the partially remaining claim (doc. # 27), and the court granted Flagstar's motion, dismissing the case in its entirety (doc. # 29).
Flagstar now moves to expunge the lis pendens on the property because the complaint has been dismissed. (Doc. # 31). With all of plaintiff's causes of action being dismissed and the case being closed, the lis pendens is no longer necessary. The court finds it appropriate to expunge the lis pendens.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Flagstar Bank, FSB's motion to expunge lis pendens (doc. # 31) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that the lis pendens is canceled, released, and expunged.
IT IS FURTHER ORDERED that defendant record a properly certified copy of this order in the real property records of Clark County, Nevada within a reasonable amount of time from the date of this order.
