Filed: Jul. 26, 2017
Latest Update: Jul. 26, 2017
Summary: ORDER GRANTING BANK OF NEW YORK MELLON'S MOTION TO EXPUNGE LIS PENDENS AND DENYING PLAINTIFF'S COUNTERMOTION TO CONTINUE ECF No. 47 JENNIFER A. DORSEY , District Judge . Brett P. Strong ( Strong ) filed the underlying lawsuit in the Eighth Judicial District Court on February 22, 2013. See Case No. A-677162-C. In connection with this lawsuit, Strong recorded a lis pendens against the property located at 6507 Covinto Street, Las Vegas, NV 89131, APN. No. 125-23-813-002, with the Clark Co
Summary: ORDER GRANTING BANK OF NEW YORK MELLON'S MOTION TO EXPUNGE LIS PENDENS AND DENYING PLAINTIFF'S COUNTERMOTION TO CONTINUE ECF No. 47 JENNIFER A. DORSEY , District Judge . Brett P. Strong ( Strong ) filed the underlying lawsuit in the Eighth Judicial District Court on February 22, 2013. See Case No. A-677162-C. In connection with this lawsuit, Strong recorded a lis pendens against the property located at 6507 Covinto Street, Las Vegas, NV 89131, APN. No. 125-23-813-002, with the Clark Cou..
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ORDER GRANTING BANK OF NEW YORK MELLON'S MOTION TO EXPUNGE LIS PENDENS AND DENYING PLAINTIFF'S COUNTERMOTION TO CONTINUE
ECF No. 47
JENNIFER A. DORSEY, District Judge.
Brett P. Strong (Strong) filed the underlying lawsuit in the Eighth Judicial District Court on February 22, 2013. See Case No. A-677162-C. In connection with this lawsuit, Strong recorded a lis pendens against the property located at 6507 Covinto Street, Las Vegas, NV 89131, APN. No. 125-23-813-002, with the Clark County Recorder as instrument number 201309120000104. The case was removed to this Court on April 22, 2013. On June 19, 2015, this Court dismissed the case with prejudice and entered Judgment in favor of the Bank of New York-Mellon (BoNYM). ECF. Nos. 40, 41. Strong did not appeal.
On June 19, 2017, BoNYM filed the instant motion to expunge the lis pendens because the litigation was dismissed with prejudice. On July 6, 2017, Plaintiff filed an opposition to the motion and a countermotion to continue the lis pendens. Plaintiff's opposition argues that the lis pendens should not be expunged because of BoNYM's delay in requesting the expungement, and because Plaintiff indicates that he has new claims that will be forthcoming that the lis pendens should attach to. This Court held a hearing on July 10, 2017 at 2:30 p.m. Jamie K. Combs, Esq. appeared on behalf of BoNYM. Plaintiff did not appear.
A lis pendens can only be supported by a foreclosure action, a claim that affects title to real property, or a claim that affects possession of real property. See NRS 14.010(1). The purpose of a lis pendens is to provide notice that there is pending litigation related to a property. See NRS 14.010(3). Because this case was dismissed with prejudice, there is no longer pending litigation related to the property for which a lis pendens is proper.
Accordingly, underAs such, pursuant to NRS 14.015(5), this Court finds that Plaintiff has failed to establish the matters required to sustain a lis pendens pursuant to NRS 14.015(2) and (3). Plaintiff's argument regarding the delay in seeking the expungement of the lis pendens does not provide a legal basis to deny the motion, nor does Plaintiff's mention of potential new claims.
Accordingly, IT IS ORDERED that the notice of pendency is hereby CANCELLED. A cancellation has the same effect as an expungement of the original notice.
IT IS FURTHER ORDERED that Plaintiff's counter-motion to continue is hereby DENIED.
