Bank of America, N.A. et al v. Santa Barbara Homeowners Association et al

Filing 160

DEFAULT JUDGMENT against Katy L. Lee, Trustee or her successors in trust, under the Klee Living Trust, dated August 10, 2006, Katy L. Lee pursuant to ECF No. 157 Motion. Signed by Chief Judge Miranda M. Du on 11/13/2019. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 7 8 DIANA S. EBRON, ESQ. Nevada Bar No. 10580 E-mail: diana@kgelegal.com JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 E-mail: jackie@kgelegal.com KAREN L. HANKS, ESQ. Nevada Bar No. 9578 E-mail: karen@kgelegal.com KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 Attorneys for SFR Investments Pool 1, LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 13 14 15 16 17 18 19 BANK OF AMERICA, N.A., successor by ACase No.: 2:16-cv-02768-MMD-DJA merger to BAC HOME LOANS SERVICING, LP fka COUNTRYWIDE HOME LOANS JUDGMENT BY DEFAULT AGAINST SERVICING, LP and FEDERAL NATIONAL KATY L. LEE AND KATY L. LEE, MORTGAGE ASSOCIATION, TRUSTEE, OR HER SUCCESSORS IN TRUST, UNDER THE KLEE LIVING Plaintiffs, TRUST DATED AUGUST 10, 2006 vs. SANTA BARBARA HOMEOWNERS ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; ABSOLUTE COLLECTION SERVICES, LLC, Defendants. ______________________________________ SFR INVESTMENTS POOL 1, LLC, 20 Counter/Cross Claimant, 21 vs. 22 BANK OF AMERICA, N.A., successor by merger to BAC HOME LOANS SERVICING, LP fka COUNTRYWIDE HOME LOANS SERVICING, LP; FEDERAL NATIONAL MORTGAGE ASSOCIATION; KATY L. LEE, an individual; and KATY L. LEE, TRUSTEE or her successors in trust, under the KLEE LIVING TRUST, dated August 10, 2006. 23 24 25 26 27 28 Counter/Cross Defendants. This matter came before the Court on SFR Investments Pool 1, LLC’s (“SFR”) Application -1- 1 for Judgment by Default against Katy L. Lee and Katy L. Lee, Trustee, or her Successors in Trust, 2 under the Klee Living Trust dated August 10, 2006 (“Cross-Defendants”). Having considered the 3 application, including the declarations attached thereto, the Court makes the following findings of 4 fact and conclusions of law: 5 1. 6 injunctive relief against Cross-Defendants, relating to real property located 1124 Milpas Lane, 7 Las Vegas, Nevada 89134; Parcel No. 138-30-614-037 (“the Property”). 8 2. 9 FRCP 12. The Clerk of the Court appropriately entered a default against Cross-Defendants on On December 12, 2016, SFR filed a Cross-Complaint [ECF No. 8] for quiet title and Cross-Defendants failed to answer the complaint within the 21-day time limit set forth in 3. 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON October 11, 2019. 11 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 10 military. 13 4. 14 obtained from the Official Records of the Clark County Recorder and declarations made under 15 penalty of perjury that demonstrate prima facie grounds sufficient to enter default judgment against 16 Cross-Defendants. SFR submitted credible evidence in support of its application in the form of documents NOW, THEREFORE, pursuant to FRCP 55(b)(2), having considered the evidence and 17 18 Cross-Defendant Katy L. Lee is not incompetent, an infant, or serving in the United States made the foregoing findings of fact and conclusions of law, and finding good cause, 19 IT IS ORDERED, ADJUDGED AND DECREED that Cross-Defendants, any successors 20 and assigns, have no right, title or interest in the Property and that SFR is the rightful title owner. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2- 1 2 IT IS FURTHER ORDERED that this judgment does not adjudicate SFR’s claims against, or the defenses of, any other party to this case. 3 4 UNITED STATES DISTRICT COURT JUDGE 5 Dated:________________________ November 13, 2019 6 7 Respectfully submitted by: 8 10 KIM GILBERT EBRON /s/ Jason G. Martinez JASON G. MARTINEZ, ESQ. Nevada Bar No. 13375 Attorneys for SFR Investments Pool 1, LLC 11 DATED this 21st day of October, 2019. 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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