Aldana v. U.S. Financial Mortgage Corp. et al

Filing 35

ORDERED that the # 32 Motion to Lift Injunction or Compel Payment is GRANTED in part, and the injunction is LIFTED. FURTHER ORDERED that the # 33 Motion to Dismiss is GRANTED and any lis pendens on the Property is EXPUNGED. FURTHER ORDERED that the Clerk shall close the case and enter judgment accordingly. Signed by Chief Judge Robert C. Jones on 6/1/2011. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 CESAR ALDANA, 7 Plaintiff, 8 vs. 9 U.S. FINANCIAL MORTGAGE CORP. et al., 10 Defendants. 11 12 ) ) ) ) ) ) ) ) ) ) 3:10-cv-00715-RCJ-RAM ORDER This is a standard foreclosure case involving one property. The Complaint is a forty- 13 four-page MERS-conspiracy type complaint listing eleven causes of action. The case is not part 14 of Case No. 2:09-md-02119-JAT in the District of Arizona but appears eligible for transfer. The 15 Court previously denied a motion to remand and granted a motion to dismiss and a motion for 16 summary judgment in part, granting the latter two motions as to all claims except that for 17 injunctive relief based on statutorily defective foreclosure under section 107.080(2)(c). On 18 March 30, 2011, the Court ordered: 19 20 21 22 IT IS FURTHER ORDERED that Defendants will not transfer the Property or take any action to evict Plaintiff or his tenants, if any, from the Property for onehundred (100) days. During this period, Plaintiff will make full, regular monthly payments under the note every thirty (30) days, with the first payment due April 1, 2011. The amount of each payment will be according to the monthly payment as of the date of the NOD. Plaintiff need not pay late fees or cure the entire amount of past default at this time but may be required in equity to cure the entire past default as a condition of any future permanent injunction. 23 (Order 4:11–17, Mar. 20, 2011, ECF No. 29). Bank of America, N.A. and Mortgage Electronic 24 Registration Systems, Inc. have moved to lift the injunction or compel payment, and also to 25 1 dismiss, because Plaintiff has failed to comply. Quality Loan Service Corp. has joined the 2 motion to dismiss. Plaintiff has not timely responded. 3 4 5 6 7 8 9 CONCLUSION IT IS HEREBY ORDERED that the Motion to Lift Injunction or Compel Payment (ECF No. 32) is GRANTED in part, and the injunction is LIFTED. IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 33) is GRANTED and any lis pendens on the Property is EXPUNGED. IT IS FURTHER ORDERED that the Clerk shall close the case and enter judgment accordingly. 10 IT IS SO ORDERED. 11 Dated this 1st day of June, 2011. Dated this 24th day of May, 2011. 12 13 _____________________________________ ROBERT C. JONES United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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