Gibilterra v. Aurora Loan Services LLC et al, No. 2:2012cv00685 - Document 33 (D. Nev. 2013)

Court Description: FINAL JUDGMENT in favor of Defendant Quality Loan Servicing Corporation and against Plaintiff Joseph A. Gibilterra. Signed by Judge James C. Mahan on 8/12/13. (Copies have been distributed pursuant to the NEF - EDS)
Download PDF
Gibilterra v. Aurora Loan Services LLC et al Doc. 33 Case 2:12-cv-00685-JCM-VCF Document 32 Filed 08/08/13 Page 1 of 2 1 2 3 4 5 6 Kristin A. Schuler-Hintz, Esq., Nevada SBN 7171 Christopher M. Hunter, Esq., Nevada SBN 8127 McCarthy & Holthus, LLP 9510 W. Sahara, Suite 200 Las Vegas, NV 89117 Phone (702) 685-0329 Fax (866) 339-5691 KHintz@mccarthyholthus.com Attorney for Defendant, Quality Loan Service Corp. 7 8 IN THE UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 18 19 JOSEPH A. GIBILTERRA, an individual, ) ) ) Plaintiff, ) ) v. ) AURORA LOAN SERVICES, LLC, a limited ) ) liability company; QUALITY LOAN SERVICING CORPORATION, a corporation; ) ) MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS, INC., a corporation; and DOES I through X; and ROE ) ) COPORATIONS I through X, ) ) ) Defendants. ) Case No.: 2:12-cv-00685-JCM-VCF FINAL JUDGMENT AGAINST PLAINTIFF AND IN FAVOR OF QUALITY LOAN SERVICE CORPORATION 20 This action came on for consideration based upon the Motion for Summary Judgment 21 filed by Defendant, Quality Loan Service Corporation. No opposition was filed to the Motion 22 for Summary Judgment by pro se Plaintiff and on August 6, 2013 the Court granted the Motion 23 pursuant to Order at docket number 30. The Court having considered the moving papers, its own 24 files, and good cause appearing, makes the following findings of fact: 25 26 1. Plaintiff is the former owner of the property at 4520 Vicki Ave., Las Vegas, Nevada (“Subject Property”). The Subject Property was financed through the execution of a 27 28 - 1 Dockets.Justia.com Case 2:12-cv-00685-JCM-VCF Document 32 Filed 08/08/13 Page 2 of 2 1 note and deed of trust promising to repay the sum of $800,000 in monthly installments to 2 Metrocities Mortgage, LLC. 3 4 5 6 7 8 9 10 11 12 13 14 15 2. On February 18, 2009, a substitution of trustee was executed by MERS which appointed Quality as the substitute trustee. The substitution was recorded on March 16, 2009. On the same date the substitution was executed Quality commenced a non-judicial foreclosure by recording a notice of default and election to sell. 3. The deed of trust was subsequently assigned by MERS as nominee for Metrocities to Aurora Loan Services, LLC. The Subject Property was sold at public auction on October 26, 2011 to Aurora. 4. Plaintiff has not raised any material facts which would preclude entry of summary judgment in favor of Quality as all of the causes of action in Plaintiff’s Complaint fails to state a viable causes of action. ACCORDINGLY, THE COURT ORDERS that judgment is entered in favor of Quality Loan Service Corporation and against Plaintiff, Joseph A. Gibilterrra. 16 17 IT IS SO ORDERED August 12, 2013. this ____ day of _____________, 2013. 18 19 20 21 _______________________________________ UNITED STATES DISTRICT COURT JUDGE 22 23 24 25 26 27 28 - 2