U.S. Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 71

DEFAULT JUDGMENT granting 67 Motion for Default Judgment against Mortgage Electronic Registration System, Inc. and Daniel Palacios. It is hereby declared that MERS and Palacios, any successors and assigns, have no right, title or interest in the P roperty and that SFR is the rightful title owner. This Judgement does not adjudicate SFR's claim against or the defenses of, any other party to this case. As this order resolves all remaining claims, the Clerk is directed to Close the case. Signed by Judge Jennifer A. Dorsey on 8/18/2020. (Copies have been distributed pursuant to the NEF - DRS)

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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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U.S. BANK NATIONAL ASSOCIATION, AS Case No. 2:17-cv-00079-JAD-GWF
TRUSTEE FOR GSAA HOME EQUITY
TRUST 2006-20, ASSET-BACKED
JUDGMENT BY DEFAULT AGAINST
CERTIFICATES, SERIES 2006-20,
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., AS
Plaintiff,
NOMINEE FOR HOME123
vs.
CORPORATION AND DANIEL PALACIOS
SFR INVESTMENTS POOL 1, LLC; and
TRAIL RIDGE COMMUNITY
ASSOCIATION,
Defendants.

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______________________________________
SFR INVESTMENTS POOL 1, LLC, a Nevada
Limited Liability Company,

ECF No. 67

Counter/Cross-Claimant,

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vs.

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U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR GSAA HOME EQUITY
TRUST 2006-20, ASSET-BACKED
CERTIFICATES, SERIES 2006-20;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR HOME123 CORPORATION;
DANIEL PALACIOS, an individual,

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Counter/Cross-Defendants.
This matter came before the Court on SFR Investments Pool 1, LLC’s (“SFR”) motion for

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default judgment against Cross-Defendants Mortgage Electronic Registration Systems, Inc., as

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Nominee for Home123 Corporation (“MERS”) and Daniel Palacios (“Palacios”).

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considered the motion, including the declarations attached thereto, the Court makes the following

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findings of fact and conclusions of law:

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1.

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relief against MERS and Palacios (“Cross-Claim”) relating to real property 8400 Lower Trailhead

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Ave., Las Vegas, Nevada 89113, APN: 176-21-210-113 (“Property”).

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2.

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in FRCP 12. The Clerk of the Court appropriately entered a default against MERS on May 28,

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On March 9, 2017, SFR filed a Cross-Claim (ECF No. 12) for quiet title and declaratory

MERS and Palacios failed to answer the complaint within the 21-day time limit set forth

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Palacios is not incompetent, an infant or serving in the United States military.

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[phone] FAX [phone]

KIM GILBERT EBRON

2019 (ECF No. 44) and against Palacios on May 29, 2019 (ECF No. 46).

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

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4.

SFR submitted credible evidence in support of its motion 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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MERS and Palacios.
NOW, THEREFORE, pursuant to FRCP 55(b)(2), having considered the evidence and

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made the foregoing findings of fact and conclusions of law, and finding good cause,

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IT IS ORDERED, ADJUDGED AND DECREED that Cross-Defendants, MERS and
the Motion for Default Judgment

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Palacios, any successors and assigns, have no right, title or interest in the Property andand SFR
[ECF No. 67] is GRANTED and it is hereby declared that Cross-Defendants, MERS that

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is the rightful successors and assigns, have no right, title or interest in the Property and that
Palacios, any title owner.

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SFR is the rightful title owner.
IT IS FURTHER ORDERED that this judgment does not adjudicate SFR's claim against,

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or the defenses of, any other party to this case.

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…

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…

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AndIS FURTHER ORDERED that this judgment does not adjudicatedirectedclaim against,
IT as this order resolves all remaining claims, the Clerk of Court is SFR’s
to the defenses of, any other party to this case.
or CLOSE THIS CASE.

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_____________________________
UNITED STATES DISTRICT JUDGE
8-18-2020
Dated:_______________________

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Respectfully submitted by:
KIM GILBERT EBRON
/s/ Jason G. Martinez
JASON G. MARTINEZ, ESQ.
Nevada Bar No. 13375
7625 Dean Martin Dr., Ste. 110
Las Vegas, NV 89139
Attorneys for SFR Investments Pool 1, LLC
DATED this 12th day of June, 2020.

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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