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Sanchez v. Indymac Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 23, 2010

DONALD SANCHEZ, PLAINTIFF,
v.
INDYMAC BANK, FSB, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

MEMORANDUM AND ORDER

Presently before the Court is a Motion by Federal Home Loan Mortgage Corporation ("Freddie Mac") seeking to intervene in this action pursuant to Federal Rule of Civil Procedure 24(a)(2). Freddie Mac is the current owner of property located at 485 Ribier Court, Manteca, County of San Joaquin, California, which was purchased at a trustee's sale that took place on September 17, 2009 following default by Plaintiff Donald Sanchez ("Plaintiff") on a mortgage loan secured by the property.

Freddie Mac seeks to intervene for the purpose of filing a Motion to Expunge Lis Pendens which it alleges Plaintiff improperly recorded against the property. Plaintiff has filed a Statement of Non-Opposition in which it opposes the allegation of improper recordation but does not oppose the grant of the Motion to Intervene.

Without opposition, Freddie Mac's Motion to Intervene (Docket No. 59) is hereby GRANTED.*fn1 The Court declines to immediately adopt movant's proposed Motion to Expunge but does grant leave to file said motion by way of regular motion practice as outlined by Local Rules.

IT IS SO ORDERED.


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