Gale, et al v. CitiMortgage, Inc., et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ANDREA B. GALE, an individual, and as
Trustee of Andrea Beryl Gale Revocable
Living Trust,
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Plaintiff,
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vs.
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CITIMORTGAGE, INC.; NATIONSTAR
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MORTGAGE, LLC; CAL-WESTERN
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RECONVEYANCE CORPORATION;
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QUALITY LOAN SERVICE, as trustee, and )
DOES 1 through 10, and ROE
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CORPORATIONS 1 through 10, inclusive,
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Defendants.
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Case No.: 2:12-cv-02065-GMN-VCF
ORDER
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Pending before the Court the Motion to Expunge the Lis Pendens (ECF No. 113) filed
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by Defendants Nationstar Mortgage, LLC and Federal National Mortgage Association
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(collectively “Defendants”). Plaintiff Andrea B. Gale (“Plaintiff”) did not file a response, and
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the deadline to do so has passed. For the reasons discussed below, Defendants’ Motion is
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granted.
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I.
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DISCUSSION
Defendants seek to expunge the lis pendens recorded against the property located at 251
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S. Green Valley Parkway #714, Henderson, Nevada, 89012 (“Property”). (See Mot. to Expunge
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2:14–23, ECF No. 113). A notice of lis pendens is literally a notice of a pending lawsuit
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affecting real property. When the underlying litigation concludes, the need for the notice—and
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justification for the cloud on title—evaporates. See, e.g., Nev. Rev. Stat. §§ 14.010–14.015(5)
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(authorizing the cancellation of a notice of lis pendens when, inter alia, the filing party has
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failed to establish a likelihood of prevailing in the action). On December 16, 2015, the Court
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dismissed Plaintiff’s claims against Defendants with prejudice, and the Clerk of Court closed
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the case. (See Order, ECF No. 112). Thus, the justification for the lis pendens has ceased, and
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the Motion to Expunge the Lis Pendens is granted. See N.R.S. § 14.010(1).
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II.
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CONCLUSION
IT IS HEREBY ORDERED that the Motion to Expunge the Lis Pendens (ECF No.
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113) is GRANTED. Pursuant to NRS § 14.015, the Notice of Lis Pendens filed and recorded
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by or on behalf of Plaintiff on the Property located at 251 S. Green Valley Parkway #714,
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Henderson, Nevada, 89012 with the Clark County Recorder’s Office is hereby EXPUNGED.
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DATED this _____ day of July, 2016.
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___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge
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