Wells Fargo Bank, N.A. et al v. Eldorado Third Community Association et al

Filing 31

AMENDED DEFAULT JUDGMENT Granting 28 Motion against Jonathan Loren Lake. Signed by Judge James C. Mahan on 11/26/2019. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:18-cv-01033-JCM-PAL Document 28-2 Filed 11/15/19 Page 2 of 4

1
2
3
4
5
6
7

Amy F. Sorenson
Nevada Bar No. 12495
Erica J. Stutman
Nevada Bar No. 10794
Holly E. Cheong
Nevada Bar No. 11936
Snell & Wilmer L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

8
9

Attorneys for Wells Fargo Bank, N.A. and Federal
National Mortgage Association

10
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

12
13
14
15

WELLS FARGO BANK, N.A., a national
banking association; FEDERAL NATIONAL
MORTGAGE ASSOCIATION; FEDERAL
HOUSING FINANCE AGENCY, in its
capacity as Conservator of Federal National
Mortgage Association,

16

Plaintiffs,

17

[PROPOSED] AMENDED DEFAULT
JUDGMENT AGAINST DEFENDANT
JONATHAN LOREN LAKE
AND ORDER FOR JUDICIAL
FORECLOSURE

vs.

18

Case No. 2:18-cv-01033-JCM-PAL

ELDORADO THIRD COMMUNITY
ASSOCIATION, a Nevada non-profit
corporation, JONATHAN LOREN LAKE, an
individual,

19
20

Defendants.

21
22
23

Pursuant to Plaintiffs Wells Fargo Bank, N.A., Federal National Mortgage Association,

24

and Federal Housing Finance Agency’s (collectively “Plaintiffs”) Complaint, Certificate of

25

Service on Jonathan Loren Lake, Request to Enter Default against Jonathan Loren Lake,

26

Declaration in support of Request to Enter Default, Application for Entry of Default Judgment,

27

and Declaration to Application for Entry of Default Judgment, the Court FINDS:

28

Defendant Jonathan Loren Lake (“Lake”) was served with process as required by law; that

4843-3052-6892.3

Case 2:18-cv-01033-JCM-PAL Document 28-2 Filed 11/15/19 Page 3 of 4

1

Defendant Lake failed to appear and plead within the time allowed by law; that the default of

2

Defendant Lake has been duly entered; that Plaintiffs have demonstrated the truth of the

3

allegations of the Complaint and is entitled to recover judgment as prayed therein; and that this

4

Court has jurisdiction over the matters herein litigated.

5

WHEREFORE, IT IS HEREBY ORDERED that the Deed of Trust on 1933 Bluff Knoll

6

Court, North Las Vegas, Nevada 89084, Assessor’s Parcel Number 124-21-314-094 (the

7

“Property”), dated March 27, 2010 and recorded with the Clark County Recorder’s Office on

8

March 30, 2010 as Instrument No. 201003300003306, survived the homeowners’ association

9

foreclosure sale, documented and recorded with the Clark County Recorder’s Office on June 13,

10

2012 as Instrument No. 201206130002721, which, according to said Instrument, took place on or

11

about June 12, 2012. The Property is legally described as follows:

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

12

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE
COUNTY OF CLARK, STATE OF NEVADA, DESCRIBED AS
FOLLOWS:

13
14

LOT 94 OF ELDORADO R1 – 60 NO. 13 TM NO. 21, AS
SHOWN BY MAP THEREOF ON FILE IN BOOK 123 OF
PLATS, PAGE 42, IN THE OFFICE OF THE COUNTY
RECORDER OF CLARK COUNTY, NEVADA.

15
16
17

EXCEPT ALL OIL, ASPHALTUM, PETROLEUM, NATURAL
GAS AND OTHER HYDROCARBONS AND OTHER
VALUABLE MINERAL SUBSTANCES AND PRODUCTS AND
ALL OTHER MINERALS WHETHER OR NOT OF THE SAME
CHARACTER HEREINABOVE GENERALLY DESCRIBED IN
OR UNDER SAID LAND AND LYING AND BEING A
VERTICAL DEPTH OF 500 OR MORE FEET BELOW THE
PRESENT NATURAL SURFACE OF THE GROUND, BUT
WITHOUT RIGHT OF ENTRY ON THE SURFACE OR WITHIN
A VERTICAL DEPTH OF 500 FEET BELOW THE PRESENT
NATURAL SURFACE OF THE GROUND.

18
19
20
21
22
23
24

IT IS FURTHER ORDERED that the Property shall be judicially foreclosed by the Sheriff

25

of Clark County, Nevada pursuant to NRS 40.430 et seq. and NRS 21.010 et seq. Plaintiffs or

26

their successors or assigns, at their election, may participate in any judicial foreclosure of the

27

Property by submitting a credit bid.

28
-24843-3052-6892.3

Case 2:18-cv-01033-JCM-PAL Document 28-2 Filed 11/15/19 Page 4 of 4

1

IT IS FURTHER ORDERED that Plaintiffs are awarded all further relief to which

2

Plaintiffs are or may be entitled hereunder, including all expenses and costs that are incidental or

3

necessary to accomplish a judicial foreclosure of the Property.

secured by the Deed of Trust has an outstanding principal amount of $118,875.19, interest of

6

$12,695.37, pre-acceleration late charges in the amount of $152.40, hazard insurance

7

disbursements in the amount of $1,634.00, tax disbursements in the amount of $2,368.50, and

8

property inspection/preservation (condo fees) in the amount of $2,443.07. So far as the sale

9

proceeds are sufficient, Wells Fargo (servicer of the loan secured by the Deed of Trust) is entitled

10

to receive solely from the sale proceeds and not directly from Lake this amount of principal,

11

interest, fees and costs, in the total amount of $138,168.53, with said judgment to bear interest at

12

Snell & Wilmer

IT IS FURTHER ORDERED that, as of November 15, 2018, the debt owed by Lake and

5

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

4

the statutory rate until paid.

13
14

Let the execution issue accordingly.
November 26, 2019.
DATED: ________________________

15
16
17

_________________________________

18

U.S. DISTRICT COURT JUDGE

19
20
21
22
23
24
25
26
27
28
-34843-3052-6892.3