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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FIRST 100 LLC; KAL-MOR-USA, LLC,
Plaintiff,

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v.

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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

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Defendants.
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BANK OF AMERICA, N.A.
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Counterclaimant,
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v.
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KAL-MOR-USA, LLC,
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Counterdef endant.
BANK OF AMERICA, N.A.,
Cross-Claimant,

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v.
CANYON WILLOWS HOMEOWNERS
ASSOCIATION; UNITED LEGAL
SERVICES; and RED ROCK FINANCIAL
SERVICES,

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Cross-Defendants.
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The Court having GRANTED summary judgment in favor of Defendants Bank of

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America N.A., Recontrust Company N.A., and the Bank of New York Mellon as Trustee

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on Behalf of the Certificateholders of the CWHEQ Inc., CWHEQ Revolving Home Equity

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Loan Trust, Series 2005-F, therefore,

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THE COURT ORDERS and ADJUDGES that plaintiff Kal-Mor-USA LLC recover

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nothing on its claims against the defendants, that its claims be dismissed on the merits,

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and that the defendants recover costs from the plaintiff;

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THE COURT FURTHER ORDERS, ADJUDGES and DECLARES:

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1)

That counter-defendant Bank of America, N.A’s Deed of Trust is the senior

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lien encumbering the property at 3047 Casey Drive, Unit 103, Las Vegas,

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NV 89120;

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2)

That counter-defendant Bank of America, N.A.’s Deed of Trust encumbering

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the property at 3047 Casey Drive, Unit 103, Las Vegas, NV 89120, is senior

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and superior to any right, title, interest, lien, equity, or estate of plaintiff Kal-

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Mor-USA LLC.

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DATED this _____ day of ____, 2017.

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______________________________

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Lloyd D. George
United States District Judge

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