Kal-Mor-USA, LLC v. Bank of America, NA et al

Filing 103

SUMMARY JUDGMENT in favor of Defendants Bank of America, N.A., Bank of New York Mellon, ReconTrust Co., N.A. and against Kal-Mor-USA, LLC. See Judgment for details. Signed by Judge Lloyd D. George on 9/21/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 FIRST 100 LLC; KAL-MOR-USA, LLC, Plaintiff, 7 8 v. 9 BANK OF AMERICA, N.A.; RECONTRUST COMPANY, N.A., THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2005-F, A REMIC TRUST; DOES I through X; and ROE CORPORATIONS I through X, inclusive, 2:13-CV-00680-LDG-NJK SUMMARY JUDGMENT 10 11 12 13 14 Defendants. 15 BANK OF AMERICA, N.A. 16 Counterclaimant, 17 v. 18 KAL-MOR-USA, LLC, 19 20 Counterdef endant. BANK OF AMERICA, N.A., Cross-Claimant, 21 22 23 v. CANYON WILLOWS HOMEOWNERS ASSOCIATION; UNITED LEGAL SERVICES; and RED ROCK FINANCIAL SERVICES, 24 Cross-Defendants. 25 26 1 The Court having GRANTED summary judgment in favor of Defendants Bank of 2 America N.A., Recontrust Company N.A., and the Bank of New York Mellon as Trustee 3 on Behalf of the Certificateholders of the CWHEQ Inc., CWHEQ Revolving Home Equity 4 Loan Trust, Series 2005-F, therefore, 5 THE COURT ORDERS and ADJUDGES that plaintiff Kal-Mor-USA LLC recover 6 nothing on its claims against the defendants, that its claims be dismissed on the merits, 7 and that the defendants recover costs from the plaintiff; 8 THE COURT FURTHER ORDERS, ADJUDGES and DECLARES: 9 1) That counter-defendant Bank of America, N.A’s Deed of Trust is the senior 10 lien encumbering the property at 3047 Casey Drive, Unit 103, Las Vegas, 11 NV 89120; 12 2) That counter-defendant Bank of America, N.A.’s Deed of Trust encumbering 13 the property at 3047 Casey Drive, Unit 103, Las Vegas, NV 89120, is senior 14 and superior to any right, title, interest, lien, equity, or estate of plaintiff Kal- 15 Mor-USA LLC. 16 17 DATED this _____ day of ____, 2017. 18 ______________________________ 19 Lloyd D. George United States District Judge 20 21 22 23 24 25 26 2

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