Lee v. Countrywide Home Loans Inc. et al

Filing 22

ORDER Granting 20 Defendants' Motion to Expunge Lis Pendens. Defendants Countrywide Home Loan, Inc. and ReconTrust Company, N.A. shall have 10 days after issuance of this order to file an appropriate order expunging the lis pendens and submit the same for signature. Signed by Judge Larry R. Hicks on 12/18/2012. (Copies have been distributed pursuant to the NEF - AC)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** ) ) ) ) ) ) ) ) ) ) ) ) 9 MONICA LEE, 10 Plaintiff, 11 v. 12 COUNTRYWIDE HOME LOANS, INC.; et al., 13 Defendants. 14 2:12-cv-0136-LRH-GWF ORDER 15 Before the court is defendants Countrywide Home Loan, Inc. (“Countrywide”) and 16 ReconTrust Company, N.A.’s (“ReconTrust”) motion to expunge lis pendens. Doc. #20.1 Plaintiff 17 Monica Lee (“Lee”) did not file an opposition. 18 I. 19 Facts and Procedural History In August 2005, Lee purchased real property through a mortgage note and deed of trust 20 originated by defendant Countrywide. Eventually, Lee defaulted on the mortgage note and 21 defendants initiated non-judicial foreclosure proceedings. 22 The failure of an opposing party to file points and authorities in response to any motion 23 shall constitute a consent to the granting of the motion under LR 7-2(d). Moreover, the court finds 24 that defendants’ motion to expunge lis pendens is warranted based on the court’s July 5, 2012 order 25 26 1 Refers to the court’s docket entry number. 1 of dismissal. Doc. #18. Accordingly, the court shall grant defendants’ motion to expunge lis 2 pendens. 3 4 IT IS THEREFORE ORDERED that defendants’ motion to expunge lis pendens (Doc. #20) 5 is GRANTED. Defendants Countrywide Home Loan, Inc. and ReconTrust Company, N.A. shall 6 have ten (10) days after issuance of this order to file an appropriate order expunging the lis pendens 7 and submit the same for signature. 8 IT IS SO ORDERED. 9 DATED this 18th day of December, 2012. 10 __________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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