Gale, et al v. CitiMortgage, Inc., et al

Filing 115

ORDER Granting 113 Motion to Expunge Lis Pendens. Signed by Chief Judge Gloria M. Navarro on 7/21/2016. (Copies have been distributed pursuant to the NEF - DL)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6
7
8
9
10
11
12

ANDREA B. GALE, an individual, and as
Trustee of Andrea Beryl Gale Revocable
Living Trust,

)
)
)
)
Plaintiff,
)
vs.
)
)
CITIMORTGAGE, INC.; NATIONSTAR
)
MORTGAGE, LLC; CAL-WESTERN
)
RECONVEYANCE CORPORATION;
)
QUALITY LOAN SERVICE, as trustee, and )
DOES 1 through 10, and ROE
)
CORPORATIONS 1 through 10, inclusive,
)
)
Defendants.
)
)

Case No.: 2:12-cv-02065-GMN-VCF
ORDER

13

Pending before the Court the Motion to Expunge the Lis Pendens (ECF No. 113) filed

14
15

by Defendants Nationstar Mortgage, LLC and Federal National Mortgage Association

16

(collectively “Defendants”). Plaintiff Andrea B. Gale (“Plaintiff”) did not file a response, and

17

the deadline to do so has passed. For the reasons discussed below, Defendants’ Motion is

18

granted.

19

I.

20

DISCUSSION
Defendants seek to expunge the lis pendens recorded against the property located at 251

21

S. Green Valley Parkway #714, Henderson, Nevada, 89012 (“Property”). (See Mot. to Expunge

22

2:14–23, ECF No. 113). A notice of lis pendens is literally a notice of a pending lawsuit

23

affecting real property. When the underlying litigation concludes, the need for the notice—and

24

justification for the cloud on title—evaporates. See, e.g., Nev. Rev. Stat. §§ 14.010–14.015(5)

25

(authorizing the cancellation of a notice of lis pendens when, inter alia, the filing party has

Page 1 of 2

1

failed to establish a likelihood of prevailing in the action). On December 16, 2015, the Court

2

dismissed Plaintiff’s claims against Defendants with prejudice, and the Clerk of Court closed

3

the case. (See Order, ECF No. 112). Thus, the justification for the lis pendens has ceased, and

4

the Motion to Expunge the Lis Pendens is granted. See N.R.S. § 14.010(1).

5

II.

6

CONCLUSION
IT IS HEREBY ORDERED that the Motion to Expunge the Lis Pendens (ECF No.

7

113) is GRANTED. Pursuant to NRS § 14.015, the Notice of Lis Pendens filed and recorded

8

by or on behalf of Plaintiff on the Property located at 251 S. Green Valley Parkway #714,

9

Henderson, Nevada, 89012 with the Clark County Recorder’s Office is hereby EXPUNGED.

10
11

21
DATED this _____ day of July, 2016.

12
13
14

___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

15
16
17
18
19
20
21
22
23
24
25

Page 2 of 2