Avila v. Quality Loan Service Corporation et al

Filing 26

ORDER Granting 8 Quality Loan Service Corporation's Motion to Dismiss. Judgment of dismissal with prejudice shall be entered in favor of Defendants Quality Loan Service Corporation and Indymac Mortgage Services. Any lis pendens shall be expunged. Signed by Judge James C. Mahan on 10/6/10. (Copies have been distributed pursuant to the NEF - EDS)

Avila v. Quality Loan Service Corporation et al

Doc. 26

Case 2:10-cv-01161-JCM-RJJ Document 25

Filed 09/30/10 Page 1 of 2

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Kristin A. Schuler-Hintz, Esq. (NSB#7171) Christopher M. Hunter, Esq. (NSB#8127) MCCARTHY & HOLTHUS, LLP 9510 W. Sahara, Suite 110 Las Vegas, NV 89117 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant, Quality Loan Service Corporation UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) Plaintiff, ) ) v. ) ) INDYMAC MORTGAGE SERVICES; ) QUALITY LOAN SERVICE ) CORPORATION, a foreign corporation; ) PACIFIC WOODS RENTAL, LLC, a foreign limited liability company; DOE individuals I ) ) through X; and ROE Corporations and ) Organizations I through X; and all persons unknown claiming any right, title, estate, lien or) interest in the real property described in the ) Complaint adverse to Plaintiff's ownership, or any cloud upon Plaintiff's title thereto; inclusive, MARTHA ALICIA AVILA, an individual, Defendants. Case No. 2:10-cv-01161-JCM-RJJ

ORDER GRANTING QUALITY LOAN SERVICE CORPORATION'S MOTION TO DISMISS

THIS CAUSE came on to he heard by the Court on September 23, 2010 on the Motion to Dismiss filed by Defendant, Quality Loan Service Corporations (# 8) and in which Defendant, Indymac Mortgage Services joined (# 13). Quality Loan Service Corporation appeared through its counsel, Christopher M. Hunter, Esq., Plaintiff appeared through her counsel, Marvin L. P. Simeon, Esq., Indymac Mortgage Services appeared through its counsel, Donna M. Osborn, Esq., and Pacific Woods Rental, LLC appeared through its counsel, Richard L. Doxey, Esq. The Court, having reviewed the papers and submissions of the parties, having entertained arguments of counsel, and otherwise being fully apprised in the premises and good cause appearing therefore,
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Dockets.Justia.com

Case 2:10-cv-01161-JCM-RJJ Document 25

Filed 09/30/10 Page 2 of 2

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THE COURT FINDS that each one of the claims for relief set forth by Plaintiff in the Complaint is based upon an alleged loan modification agreement which was not reduced to writing. Because the agreement relates to an interest in land or an interest in a trust in land, the absence of a written agreement violates the statute of frauds, NRS 111.205. As a result, the agreement is unenforceable and the claims for relief in the Complaint fail. Accordingly, THE COURT ORDERS as follows: 1. Quality Loan Service Corporation's Motion to Dismiss is GRANTED and

judgment of dismissal with prejudice shall be entered in favor of Defendants, Quality Loan Service Corporation and Indymac Mortgage Services. 2. Any lis pendens affecting the property located at 60 Ancient Hills Ln.,

Henderson, Nevada (APN 178-16-412-010 shall be expunged and have no further force and DATED October 6, 2010. ____________________________ __________________________ _ UNITED STATES DISTRICT COURT JUDGE NITED STATES IT

Respectfully submitted by: McCarthy & Holthus, LLP /s/Christopher M. Hunter_ Christopher M. Hunter, Esq. 9510 W. Sahara, Suite 110 Las Vegas, Nevada 89117 David Winterton & Assoc., LTD

Approved as to form and content: Wright, Finlay & Zak, LLP Did not respond________ Donna M. Osborn, Esq. 5532 S. Fort Apache Rd., Suite 110 Las Vegas, NV 89148 Law Offices of P. Sterling Kerr

_/s/Richard L. Doxey Richard L. Doxey, Esq. 211 N. Buffalo Dr., Suite A Las Vegas, NV 89145

/s/P. Sterling Kerr______ P. Sterling Kerr, Esq. 2450 St. Rose Pkwy Henderson, NV 891074

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