Gibilterra v. Aurora Loan Services LLC et al
Filing
33
FINAL JUDGMENT in favor of Defendant Quality Loan Servicing Corporation and against Plaintiff Joseph A. Gibilterra. Signed by Judge James C. Mahan on 8/12/13. (Copies have been distributed pursuant to the NEF - EDS)
Case 2:12-cv-00685-JCM-VCF Document 32 Filed 08/08/13 Page 1 of 2
1
2
3
4
5
6
Kristin A. Schuler-Hintz, Esq., Nevada SBN 7171
Christopher M. Hunter, Esq., Nevada SBN 8127
McCarthy & Holthus, LLP
9510 W. Sahara, Suite 200
Las Vegas, NV 89117
Phone (702) 685-0329
Fax (866) 339-5691
KHintz@mccarthyholthus.com
Attorney for Defendant, Quality Loan Service Corp.
7
8
IN THE UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10
11
12
13
14
15
16
17
18
19
JOSEPH A. GIBILTERRA, an individual,
)
)
)
Plaintiff,
)
)
v.
)
AURORA LOAN SERVICES, LLC, a limited )
)
liability company; QUALITY LOAN
SERVICING CORPORATION, a corporation; )
)
MORTGAGE ELECTRONIC
)
REGISTRATION SYSTEMS, INC., a
corporation; and DOES I through X; and ROE )
)
COPORATIONS I through X,
)
)
)
Defendants.
)
Case No.: 2:12-cv-00685-JCM-VCF
FINAL JUDGMENT AGAINST
PLAINTIFF AND IN FAVOR OF
QUALITY LOAN SERVICE
CORPORATION
20
This action came on for consideration based upon the Motion for Summary Judgment
21
filed by Defendant, Quality Loan Service Corporation. No opposition was filed to the Motion
22
for Summary Judgment by pro se Plaintiff and on August 6, 2013 the Court granted the Motion
23
pursuant to Order at docket number 30. The Court having considered the moving papers, its own
24
files, and good cause appearing, makes the following findings of fact:
25
26
1.
Plaintiff is the former owner of the property at 4520 Vicki Ave., Las Vegas,
Nevada (“Subject Property”). The Subject Property was financed through the execution of a
27
28
- 1
Case 2:12-cv-00685-JCM-VCF Document 32 Filed 08/08/13 Page 2 of 2
1
note and deed of trust promising to repay the sum of $800,000 in monthly installments to
2
Metrocities Mortgage, LLC.
3
4
5
6
7
8
9
10
11
2.
On February 18, 2009, a substitution of trustee was executed by MERS which
appointed Quality as the substitute trustee. The substitution was recorded on March 16, 2009.
On the same date the substitution was executed Quality commenced a non-judicial foreclosure
by recording a notice of default and election to sell.
3.
The deed of trust was subsequently assigned by MERS as nominee for Metrocities
to Aurora Loan Services, LLC. The Subject Property was sold at public auction on October 26,
2011 to Aurora.
4.
Plaintiff has not raised any material facts which would preclude entry of summary
judgment in favor of Quality as all of the causes of action in Plaintiff’s Complaint fails to state a
12
13
14
15
viable causes of action.
ACCORDINGLY, THE COURT ORDERS that judgment is entered in favor of Quality
Loan Service Corporation and against Plaintiff, Joseph A. Gibilterrra.
16
17
IT IS SO ORDERED August 12, 2013.
this ____ day of _____________, 2013.
18
19
20
21
_______________________________________
UNITED STATES DISTRICT COURT JUDGE
22
23
24
25
26
27
28
- 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?