Wilmington Trust, NA v. SFR Investments Pool 1, LLC

Filing 58

DEFAULT JUDGMENT against Curtis Price. Signed by Judge Richard F. Boulware, II on 2/12/2019. (Copies have been distributed pursuant to the NEF - MR)

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorney for SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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WILMINGTON TRUST, N.A., SUCCESSOR Case No. 2:16-cv-02090-RFB-NJK
TRUSTEE TO CITIBANK, N.A., AS
TRUSTEE FOR THE BENEFIT OF
JUDGMENT BY DEFAULT AGAINST
REGISTERED HOLDERS OF STRUCTURED CURTIS PRICE
ASSET MORTGAGE INVESTMENTS II
TRUST 2007-AR3, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2007AR3,

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Plaintiff,
vs.
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; PALM CREEK
COMMUNITY ASSOCIATION, INC., a
Nevada non-profit corporation; and NEVADA
ASSOCIATION SERVICES, INC.,
Defendants.

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______________________________________
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,
Counter/Cross Claimant,

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vs.

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WILMINGTON TRUST, N.A., SUCCESSOR
TRUSTEE TO CITIBANK, N.A., AS
TRUSTEE FOR THE BENEFIT OF
REGISTERED HOLDERS OF
STRUCTURED ASSET MORTGAGE

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INVESTMENTS II TRUST 2007-AR3,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-AR3; and
CURTIS PRICE, an individual,

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Counter-Defendant/Cross-Defendant.

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This matter came before the Court on SFR Investments Pool 1, LLC’s (“SFR”) application

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for default judgment against Cross-Defendants CURTIS PRICE (“Price” or “Cross-Defendant).

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Having considered the application, including the declarations attached thereto, the Court makes

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the following findings of fact and conclusions of law:

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1.

On November 23, 2016, SFR filed a Cross-Claim (ECF No. 25) for quiet title and

Sentry Palm Court, Las Vegas, NV 891222; Parcel No. 161-26-412-102 (“Property”).

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[phone] FAX [phone]

KIM GILBERT EBRON

declaratory relief against Price (“Cross-Claim”) relating to real property located at 5691

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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2.

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FRCP 12. The Clerk of the Court appropriately entered a default against the Cross-Defendant on

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January 25, 2019 (ECF No. 55).

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3.

Cross-Defendant is not incompetent, an infant or serving in the United States military.

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4.

SFR submitted credible evidence in support of its application in the form of documents

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obtained from the Official Records of the Clark County Recorder and declarations made under

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penalty of perjury that demonstrate prima facie grounds sufficient to enter default judgment against

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Price.
NOW, THEREFORE, pursuant to FRCP 55(b)(2), having considered the evidence and

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Cross-Defendant failed to answer the complaint within the 21-day time limit set forth in

made the foregoing findings of fact and conclusions of law, and finding good cause,
IT IS ORDERED, ADJUDGED AND DECREED that Cross-Defendant Price, any

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successors and assigns, have no right, title or interest in the Property and that SFR is the rightful

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title owner.

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…

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…

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…

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IT IS FURTHER ORDERED that this judgment does not adjudicate SFR’s claims
against, or the defenses of, any other party to this case.

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_______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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Respectfully submitted by:
KIM GILBERT EBRON

February 12, 2019
Dated:________________________

/s/Jacqueline A. Gilbert
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
[phone]
[phone] (fax)
Attorneys for SFR Investments Pool 1
Dated this 25th day of January, 2019.

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