Solano v. America's Servicing Company, et al

Filing 59

ORDER signed by Judge Garland E. Burrell, Jr on 2/21/12; IT IS HEREBY ORDERED that the Lis Pendens recorded on September 13, 2010 in the Placer County Recorder's Office as document number 2010-0071698-00 is hereby expunged.(Matson, R)

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MARY KATE SULLIVAN (State Bar No. 180203)
NATILEE S. RIEDMAN (State Bar No. 257871)
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
WELLS FARGO BANK, N.A. d/b/a
AMERICA’S SERVICING COMPANY,
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., U.S.
BANK, N.A. AS TRUSTEE FOR BANC
OF AMERICA FUNDING 2007-6 TRUST

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CONSTANCE SOLANO and the SOLANO
14 FAMILY TRUST

Case No.: 2:10-cv-02426-GEB-GGH

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[PROPOSED] ORDER EXPUNGING
LIS PENDENS

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Plaintiffs,
vs.

17 AMERICA'S SERVICING COMPANY, a
division of WELLS FARGO, N.A.; WELLS
18 FARGO, NA; MORTGAGEIT, INC.;
MORTGAGE ELECTRONIC
19 REGISTRATION SYSTEMS, INC.; NDEX
WEST, LLC; FINANCIAL TITLE
20 COMPANY; U.S. BANK NA; BANC OF
AMERICA FUNDING 2007-6 TRUST;
21 MORTGAGE AND INVESTORS
INVESTMENT CONSULTANTS, INC. and
22 DOES 1-10,000, inclusive,
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Defendants.

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07685/0717/2130698.1

[PROPOSED] ORDER EXPUNGING LIS PENDENS
Case No.: 2:10-cv-02426-GEB-GGH

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On October 25, 2011, the Court entered an order, dismissing this lawsuit in its entirety and

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with prejudice. (Docket entry no. 56.) A true and correct copy of the Court’s order is attached

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hereto as exhibit A. A true and correct copy of the Court’s corresponding judgment of dismissal

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(docket entry no. 57) is attached hereto as exhibit B.

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In connection with the filing of this action, on September 13, 2010, Plaintiffs recorded a

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lis pendens in the official records of Placer County as document 2010-0071698-00 (“Lis

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Pendens”)1. A true and correct copy of the Lis Pendens is attached hereto as exhibit C.

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As this matter has been dismissed, the case is no longer pending and the Lis Pendens
should be expunged.

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GOOD CAUSE APPEARING,

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IT IS HEREBY ORDERED that the Lis Pendens recorded on September 13, 2010 in the

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Placer County Recorder’s Office as document number 2010-0071698-00 is hereby expunged.

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IT IS SO ORDERED.

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Date: 2/21/2012

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Sig nature-END:

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The document recorded in the official records of Placer County is five pages long. The
fifth page of the recorded document constitutes a proof of service of notice of unavailability,
which appears to have been mistakenly included at the time the Lis Pendens was recorded.
-207685/0717/2130698.1

[PROPOSED] ORDER EXPUNGING LIS PENDENS
Case No.: 2:10-cv-02426-GEB-GGH