Joyner v. Bank of America Home Loans et al

Filing 23

ORDER Canceling Lis Pendens. Signed by Judge Gloria M. Navarro on 8/9/10. (Copies have been distributed pursuant to the NEF - ASB)

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400 SOUTH FOURTH STREET, SUITE 450 LAS VEGAS, NEVADA 89101 TEL.: [phone] ­ FAX: [phone]

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] [e-mail] [e-mail] Attorneys for Defendant Bank of America Home Loans, Inc. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA DAVID A. JOYNER, Plaintiff, v. BANK OF AMERICA HOME LOANS, INC., as successor-in-interest; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and DOES 1 through 100, inclusive, Defendants. Case No.: [Proposed] ORDER CANCELING LIS PENDENS 2:09-CV-02406-RCJ-RJJ

AKERMAN SENTERFITT LLP

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This Court granted Defendant Bank of America Home Loans, Inc.'s (Defendant) Motion to Dismiss on July 26, 2010 [Dkt. No. 20]. Defendant further request that the Lis Pendens currently recorded against the subject property by Plaintiff David A. Joyner ("Plaintiff") be canceled. The Court finds that Plaintiff recorded a Notice of Pendency of Action ("Lis Pendens") on or about October 29, 2009, in Book No. 20091029 as Instrument No. 0002832 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.

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400 SOUTH FOURTH STREET, SUITE 450 LAS VEGAS, NEVADA 89101 TEL.: [phone] ­ FAX: [phone]

UPON CONSIDERATION of Defendants' request to cancel the Lis Pendens, and good cause appearing therefore, the Court hereby grants Defendant their requested relief and rules as follows: 1. 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 Defendant

AKERMAN SENTERFITT LLP

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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. DATED this 9th day of August, 2010.PROVED: AP ________________________________ UNITED STATES DISTRICT JUDGE Gloria M. Navarro UnitedtStates District Judge Da ed : Submitted by: AKERMAN SENTERFITT LLP

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/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 Defendant Bank of America Home Loans, Inc.

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