MOTION TO EXPUNGE LIS PENDENS AND ORDER

GLORIA M. NAVARRO, District Judge.

MOTION TO EXPUNGE LIS PENDENS

Defendant Wachovia Mortgage, a division of Wells Fargo Bank, N.A., formerly known as Wachovia Mortgage, FSB ("Wells Fargo") moves this court for an order expunging the lis pendens the plaintiff, Dimitritza Toromanova ("Toromanova"), recorded with the Clark County Recorder as Instrument No. 201202100002038 on February 10, 2012 in connection with this action. Wells Fargo bases this motion on the following memorandum of points and authorities, the papers on file with this Court, including the Complaint, any documents incorporated by reference or attached to the Complaint, recorded documents which the Court may take judicial notice of, and any oral argument that this Court may entertain.

MEMORANDUM OF POINTS AND AUTHORITIES

Toromanova commenced this action by filing a Complaint in the Eighth Judicial District Court, Clark County, Nevada on February 10, 2012, concerning real property located at 2912 Hot Cider Avenue, North Las Vegas, Nevada 89031 (the "Property"). In connection with the action, Toromanova filed a Notice of Lis Pendens, which Toromanova also recorded with the Clark County Recorder on February 10, 2012, as Instrument No. 201202100002038.1 Wells Fargo removed the action to this Court and subsequently responded to the Complaint by filing a Motion to Dismiss and to Expunge Lis Pendens, which defendant National Default Servicing Corporation ("NDSC") joined. On June 25, 2012, this Court entered an order dismissing Toromanova's claims with prejudice as to Wells Fargo, and with leave to amend her third and fourth causes of action as against NDSC.2 Because the Court granted Toromanova leave to amend two causes of action as to NDSC, the Court declined to expunge the lis pendens at that time.3 Toromanova then filed an amended complaint purporting to join new defendants to the action and alleging new causes of action against all parties, including Wells Fargo. Consequently, Wells Fargo again filed a motion to dismiss (Doc. #23). In addition, NDSC filed a Motion to Strike Plaintiff's Amended Complaint and to Dismiss Case (Doc. # 28). On March 28, 2013, this Court entered an order dismissing Toromanova's claims with prejudice and directing the Clerk of the Court to enter judgment in favor of Wells Fargo and NDSC.4

Under NRS 14.010, "[i]n an action . . . affecting the title or possession of real property, the plaintiff, at the time of filing the complaint . . . shall record with the recorder of the county in which the property, or some part thereof, is situated, a notice of pendency of the action . . . ." "The purpose of recording the lis pendens is to give `constructive notice to a purchaser or encumbrancer of the property affected thereby' that the title to the property is disputed."5 When such an action is dismissed, however, the lis pendens must be cancelled.6 Here, the Court entered an order dismissing Toromanova's claims with prejudice.7 Accordingly, there is no longer an action affecting the title or possession of the Property. Therefore, Wells Fargo respectfully requests that the Court enter an order expunging the lis pendens Toromanova recorded against the Property in connection with this action on February 10, 2012, as Instrument No. 201202100002038.

ORDER

IT IS SO ORDERED.

EXHIBIT 1