Abels v. Bank of America et al

Filing 100

ORDER VACATING HEARING ON MOTIONS TO INTERVENE AND TO EXPUNGE; ORDER TO SHOW CAUSE. The Court VACATES the hearing on motions set for 8/21/2012. Order to Show Cause Hearing set for 8/24/2012 09:01 AM. Show Cause Response due by 8/21/2012.. Signed by Judge Yvonne Gonzalez Rogers on 8/9/12. (fs, COURT STAFF) (Filed on 8/9/2012) Modified on 8/10/2012 (fs, COURT STAFF).

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ALISON M. ABELS,

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Plaintiff,

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ORDER VACATING HEARING ON MOTIONS
TO INTERVENE AND TO EXPUNGE;
ORDER TO SHOW CAUSE

vs.

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Case No.: 11-CV-208 YGR

BANK OF AMERICA, N.A., et al.,
Defendants.

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Northern District of California

United States District Court

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Third Party Wells Fargo Bank, N.A. as Trustee, on behalf of the holders of the Harborview
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Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2006-12 (“Wells Fargo”),
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has filed its Motions to Intervene (Dkt. No. 93) and to Expunge Lis Pendens (Dkt. No. 95). Wells
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Fargo argues that it should be permitted to intervene and to expunge the lis pendens because it has a
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current interest in the subject property as the assignee of the deed of trust previously held by
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Defendant Bank of America, N.A. Wells Fargo states that the assignment was recorded March 7,
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2012.
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Plaintiff Alison M. Abels (“Abels”) has filed a response to the motion indicating that Wells
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Fargo no longer has an interest in the property since it was sold in foreclosure proceedings on June
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25, 2012 to third party “Last Mile, LLC,” and that a Trustee’s Deed Upon Sale was recorded on July
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7, 2012. That sale would appear to have extinguished any interest Wells Fargo may have had. Wells
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Fargo, for its part, did not file a reply as to either motion.
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The Court hereby VACATES the hearing on the motions set for August 21, 2012.
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Wells Fargo is ORDERED TO SHOW CAUSE on Friday, August 24, 2012, on the Court’s
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9:01a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, why these
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motions should not be denied for failure to demonstrate a current interest in the property. Wells
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Fargo is directed to file a written response providing evidence of a current interest in the property no
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later than August 21, 2012. If the a written response has been filed, or if the motions have been

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withdrawn, Wells Fargo need not appear and the hearing on the Order to Show Cause will be taken

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off calendar.

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IT IS SO ORDERED.
Date: August 9, 2012

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___________________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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Northern District of California

United States District Court

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