Aquino et al v. Countrywide Home Loans Inc. et al

Filing 10

ORDER Granting 9 Proposed Order Canceling Lis Pendes filed by Recontrust Company, Countrywide Home Loans Inc., and Mortgage Electronic Registration Systems, Inc. Signed by Judge Philip M. Pro on 7/1/2010. (Copies have been distributed pursuant to the NEF - DXS)

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ARIEL E. STERN Nevada Bar No. 8276 JACOB D. BUNDICK Nevada Bar No. 9772 AKERMAN SENTERFITT LLP 400 South Fourth Street, Suite 450 Las Vegas, Nevada 89101 Telephone: [phone] Facsimile: [phone] Attorneys for Countrywide Home Loans, Inc., Recontrust Company and Mortgage Electronic Registration Systems, Inc. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA FILBERT AQUINO and CYNTHIA AQUINO Plaintiffs, v. COUNTRYWIDE HOME LOANS, INC.; RECONSTRUCT COMPANY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; DOES I through X, inclusive, Defendants. CASE NO.: [Proposed] ORDER CANCELING LIS PENDENS 2:09-cv-02111-PMP-PAL

This Court granted Defendants Countrywide Home Loans, Inc., Recontrust Company and Mortgage Electronic Registration Systems, Inc.'s ("Defendants") Motion to Dismiss on December 12, 2009 [Dkt. No. 7]. Defendants further request that the lis pendens currently recorded against the subject property by Plaintiffs Filbert Aquino and Cynthia Aquino ("Plaintiffs") be canceled. The Court finds that Plaintiff recorded a Notice of Pendency of Action ("Lis Pendens") on or about September 23, 2009, in Book No. 20090923 as Instrument No. 0003496 in the real property records maintained by the Clark County Recorder. A copy of the Lis Pendens is attached hereto and fully incorporated by reference. UPON CONSIDERATION of Defendants' request to cancel the Lis Pendens, and good cause appearing therefore, the Court hereby grants Defendants their requested relief and rules as follows:
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IT IS ORDERED, ADJUDGED, and DECREED that the Lis Pendens is hereby

cancelled, released, and expunged. 2. IT IS FURTHER ORDERED, ADJUDGED and DECREED that this order canceling

the Lis Pendens has the same effect as an expungement of the original Lis Pendens. 3. IT IS FURTHER ORDERED, ADJUDGED and DECREED that Defendants record a

properly certified copy of this cancellation order in the real property records of Clark County, Nevada within a reasonable amount of time from the date of this order's issue. APPROVED:

UNITED STATES DISTRICT JUDGE Dated : Submitted by: AKERMAN SENTERFITT LLP /s/ Ariel E. Stern _ ARIEL E. STERN Nevada Bar No. 8276 JACOB D. BUNDICK Nevada Bar No. 9772 400 South Fourth Street, Suite 450 Las Vegas, Nevada 89101 Attorneys for Defendants Countrywide Home Loans, Inc., Recontrust Company and Mortgage Electronic Registration Systems, Inc.
July 1, 2010

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