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Goldsmith Enterprises LLC v. U.S. Bank, N.A., 2:15-cv-00991-MMD-PAL. (2015)

Court: District Court, D. Nevada Number: infdco20151015b79
Filed: Oct. 13, 2015
Latest Update: Oct. 13, 2015
Summary: JOINT MOTION TO SUBSTITUTE PARTY PEGGY A. LEEN , Magistrate Judge . Plaintiff Goldsmith Enterprises, LLC and its counsel, Joseph Hong, Esq. together with U.S. Bank, N.A., and its counsel Melanie D. Morgan, Esq. and of the law firm of AKERMAN LLP, move this Court for an order substituting U.S. Bank, National Association as Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 as party-defendant in the place of the named defendant, "U.S. Ban
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JOINT MOTION TO SUBSTITUTE PARTY

Plaintiff Goldsmith Enterprises, LLC and its counsel, Joseph Hong, Esq. together with U.S. Bank, N.A., and its counsel Melanie D. Morgan, Esq. and of the law firm of AKERMAN LLP, move this Court for an order substituting U.S. Bank, National Association as Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 as party-defendant in the place of the named defendant, "U.S. Bank, N.A., form and type of entity known". In support, the parties state: 1. Effective May 18, 2011, Beazer Mortgage Corporation, through Mortgage Electronic Registration Systems, Inc., assigned its right, title and interest in the deed of trust at issue in the instant case to U.S. Bank, National Association as Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 pursuant to an Assignment of Deed of Trust (Assignment) recorded in the Office of the Clark County Recorder as Instrument 201105180000640. A copy of the Assignment is attached as Exhibit A.

2. Based on the foregoing, U.S. Bank, National Association as Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 is now the owner and holder of the deed of trust at issue in the instant action and is therefore the real party in interest. As a result, U.S. Bank, National Association as Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 should be substituted for "U.S. Bank, N.A., form and type of entity known" as party-defendant and counterclaimant.

3. As a result of the substitution of party-defendant and counterclaimant, the case caption should be amended to read: Goldsmith Enterprises, LLC, a Nevada limited liability company, Plaintiff/Counter-defendant, and U.S. Bank, National Association as Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 Defendant/Counterclaimant.

4. No prejudice will result from the granting of this joint motion.

Plaintiff Goldsmith Enterprises, LLC and its counsel, Joseph Hong, Esq. and Defendant U.S. Bank, National Association as Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 and its counsel, Melanie D. Morgan, Esq. of Akerman LLP respectfully request this Court enter an order substituting U.S. Bank, National Association as Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 as party-defendant in the place of "U.S. Bank, N.A., form and type of entity known" and grant any other relief this Court deems just and proper.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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