Wyman et al v. First Magnus Financial Corporation et al
ORDER granting ECF No. 75 Motion to Expunge Lis Pendens; cancelling the Lis Pendens; directing Plaintiffs to record a certified copy of this Order with the Douglas County Recorder's Office within 10 days. Signed by Judge Robert C. Jones on 10/18/2016. (Copies have been distributed pursuant to the NEF - KR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
MARK TRAVIS WYMAN et al.,
FIRST MAGNUS FINANCIAL
CORPORATION et al.,
This case arises out of a quiet title action alleging that Defendants wrongfully foreclosed
on Plaintiffs’ home. In accordance with the Judgment dismissing Plaintiffs’ Complaint with
prejudice, entered on July 17, 2012 (ECF No. 72), and pursuant to Defendant Deutsche Bank
Trust Company Americas’ (“Deutsche Bank”) Ex Parte Motion to Expunge Lis Pendens (ECF
No. 75), the Court finds that Defendants are entitled to an order expunging the lis pendens filed
against the property which was the subject of this action.
Plaintiffs filed the instant lawsuit and recorded a Notice of Pendency of Action (“Lis
Pendens”) on December 19, 2011. The Lis Pendens was recorded as Douglas County Recorder
Document Number 0794506, relating to this action and the real property that was the subject of
this action, located at 196 Taylor Creek Road, Gardnerville, Nevada 89460, and more
particularly described as follows:
Lot 18 as set forth on Final Subdivision Map PD #01-017 for TAYLOR CREEK
ESTATES, filed for record in the Office of the County Recorder of Douglas
1 of 2
County, State of Nevada on April 26, 2002, in Book 0402, at Page 8620, as
Document No. 540786.
Douglas County Assessor’s Parcel No. 1219-04-001-017.
Plaintiffs’ action was dismissed with prejudice on July 17, 2012. Since that time,
Plaintiffs have made no further motions and no notice of appeal has been filed. Therefore,
Deutsche Bank is entitled to an order of expungement.
IT IS HEREBY ORDERED that the Motion to Expunge Lis Pendens (#75) is
IT IS FURTHER ORDERED that the Lis Pendens is cancelled, and this cancellation shall
have the effect of an expungement, and the Lis Pendens shall from this day forward have no
force or effect.
IT IS FURTHER ORDERED that Plaintiffs shall record a certified copy of this Order (or
other appropriate notice) canceling the Lis Pendens, with the Douglas County Recorder’s Office
within ten (10) business days of its entry, and if there is a failure to do so, any party may record a
certified copy of this Order.
IT IS SO ORDERED.
DATED: This 18th day of October, 2016.
ROBERT C. JONES
United States District Judge
2 of 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?