McDonald et al v. Indymac Mortgage Services et al

Filing 10

Notice of Pendency of Action. Signed by Judge Maxine M. Chesney on October 16, 2012. (mmclc2, COURT STAFF) (Filed on 10/16/2012)

Download PDF
Case3:12-cv-04610-MMC Document9-1 Filed10/08/12 Page1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DARRELL MCDONALD FLORA MCDONALD 1269 Parkwood Drive Novato, California 94947 Telephone: (415) 298-5115 Fax: (415) 895-5416 In pro per UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiffs, ) ) vs. ) ) INDYMAC MORTGAGE SERVICES; ) ) NDEX WEST, L.L.C.; ONEWEST ) BANK, F.S.B.; DEUTSCHE BANK ) NATIONAL TRUST COMPANY; ) ) WELLS FARGO BANK, N.A.; ALL PERSONS UNKNOWN, CLAIMING ) ) ANY LEGAL OR EQUITABLE RIGHT, ) TITLE, ESTATE, LIEN, OR INTEREST ) ) IN THE PROPERTY DESCRIBED IN ) ) THE COMPLAINT ADVERSE TO PLAINTIFFS’ TITLE OR ANY CLOUD ) ) ON THAT TITLE and DOES 1 ) ) THROUGH 10, ) ) Defendants. ) ________ DARRELL MCDONALD, FLORA MCDONALD Case No: 3:12-cv-04610-MMC Related Case No.: 3:09-cv-01365-MMC NOTICE OF PENDENCY OF ACTION [CALIFORNIA CODE OF CIVIL PROCEDURE 405.21] 25 26 NOTICE IS HEREBY GIVEN that Darrell McDonald and Flora McDonald 27 have commenced the above-entitled action against all defendants. The action now 28 pending affects title to and possession of the real property located at 1269 Parkwood -1NOTICE OF PENDANCY OF ACTION Case3:12-cv-04610-MMC Document9-1 Filed10/08/12 Page2 of 2 1 Drive, Novato, California 94947 (the “Property”). The Property is within the 2 jurisdiction of this Court, and this Court is the proper court for trial of this action. 3 The property is legally described as follows: 7 Lot 65, as shown upon that certain map entitled, “Map of Lynwood Park, Unit Four and Re-Subd. of Lots 41 to 44, inclusive, Unit Two, in the County of Marin, California”, filed for record May 19, 1955 in Volume 8 of Maps, at Page 60, Marin County Records. A.P. No. 152-142-19. 8 In relation to the property, this action seeks a declaration as to the competing 4 5 6 9 10 rights and interests in the Property. I hereby attest that I have on file all holographic signatures for any signatures 11 indicated by a “conformed” signature (/S/) within this e-filed document. 12 DATED: October 6, 2012 Darrell McDonald Plaintiff in pro per 13 14 15 /S/ Flora McDonald Plaintiff in pro per The Court hereby APPROVES Plaintiffs’ notice of pendency of action. In so 16 approving, the Court does not bar any Defendant from moving to expunge the lis 17 pendens. The Court also notes, for the benefit of Plaintiffs (who are in pro se), that, 18 although the Court is approving the lis pendens on an ex parte basis, California 19 Code of Civil Procedure § 405.22 provides that a “claimant shall, prior to 20 recordation of the notice, cause a copy of the notice to be mailed, by registered or 21 certified mail, return receipt requested, to all known addresses of the parties to 22 whom the real property claim is adverse and to all owners of record of the real 23 property affected by the real property claim as shown by the latest county 24 assessment roll.” Cal. Code Civ. Proc. § 405.22 (emphasis added). 25 26 27 28 Dated: October _____, 2012 16 _____________________________ Maxine M. Chesney United States District Court Judge -2NOTICE OF PENDANCY OF ACTION

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?