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Rodriguez-Carcamo v. GMAC Mortgage

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


August 5, 2010

IRENE RODRIGUEZ-CARCAMO PLAINTIFF,
v.
GMAC MORTGAGE, LLC; CITIMORTGAGE, INC.; MERSCORP, INC. AND DOES 1 TO 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Anthony W. Ishii

ORDER TO EXPUNGE LIS PENDENS

Having read and considered the Memorandum of Points and Authorities submitted by CITIMORTGAGE, INC. and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (erroneously sued as "MERSCORP, INC. a parent company to Mortgage Electronic Registration Systems, Inc. as Nominee for Lender") and after considering all pleadings, declarations, and evidence on file, the Court hereby finds that, because the above-referenced action was dismissed on April 12, 2010, there is no longer any need for ""constructive notice that an action has been filed affecting title to or right to possession of the real property described in the notice.‟" (Kirkeby v. Superior Court, 33 Cal.4th 642, 647 (2004)).

THEREFORE, IT IS ORDERED that the Notice of Pendency of Action ("Lis Pendens") recorded by Plaintiff IRENE RODRIGUEZ-CARCAMO on November 20, 2009 is expunged.

IT IS SO ORDERED.

20100805

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