Wells Fargo Bank, N.A. v. U.S. Economic Development Administration

Filing 14

ORDER granting ECF No. 10 plaintiff's Motion for Summary Judgment; judgment in this action is awarded to Wells Fargo; the Grant Deed is declared invalid and of no legal force or effect; the EDA is declared to have no right, title or in terest in the Property; Wells Fargo is declared to be entitled to cause the Grant Deed to be removed from the Propertys chain of title; and this Order shall be recordable with the Clark County Recorders Office for the purpose of effecting the relief provided for herein. Signed by Judge Miranda M. Du on 1/9/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WELLS FARGO BANK, N.A.,
Plaintiff,

CASE NO. 2:17-cv-01812-MMD-VCF
ORDER

v.

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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U.S. ECONOMIC DEVELOPMENT
ADMINISTRATION,

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Defendant.

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WHEREAS, on June 30, 2017 Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”)

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commenced this action by the filing of its Complaint, which seeks a declaration that a Grant,

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Bargain and Sale Deed, No. 20140702-0002676 recorded in Clark County on July 2, 2014 (the

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“Grant Deed”), purporting to convey Wells Fargo’s interest in the real property commonly known

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as 6500 Alpine Forest Court, Las Vegas, Nevada 89149, APN # 125-21-412-039 (the “Property”)

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to the Defendant U.S. Economic Development Administration (the “EDA”), is invalid and of no

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legal force and effect and that the EDA has no right, title, or interest in the Property;

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WHEREAS, on July 25, 2017 the EDA filed a Disclaimer of Interest, pursuant to which it

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states that it has no interest in the Property and disclaims any interest in the Property, and has

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otherwise not answered or appeared in this action;

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WHEREAS, on November 27, 2017 Wells Fargo filed its Motion for Summary Judgment

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(the “Motion”), seeking an adjudication that it is entitled to the relief requested in its Complaint

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because the EDA has disclaimed any interest in the Property and because Wells Fargo

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understands the Grant Deed to be a forgery;

4811-9730-4154

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WHEREAS the EDA did not oppose or otherwise respond to the Motion; and

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WHEREAS Wells Fargo has shown to the Court’s satisfaction that there is no genuine

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dispute as to any material fact at issue in this case and that Wells Fargo is entitled to the relief

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sought in the Complaint and the Motion as a matter of law;

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NOW THEREFORE IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
that Wells Fargo’s Motion is GRANTED;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED THAT judgment in
this action be awarded in Wells Fargo’s favor;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED THAT the Grant Deed
is declared invalid and of no legal force or effect;

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED THAT the EDA is
declared to have no right, title or interest in the Property;

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED THAT Wells Fargo is

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declared to be entitled to cause the Grant Deed to be removed from the Property’s chain of title;

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and

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IT IS FURTHER IT IS FURTHER ORDERED, ADJUDGED, AND DECREED

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THAT this Order shall be recordable with the Clark County Recorder’s Office for the purpose of

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effecting the relief provided for herein.

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IT IS SO ORDERED.

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___________________________________
Hon. Miranda M. Du
United States District Court

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January 9, 2018
DATED:__________________________

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