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Wells Fargo Bank, N.A., Successor By Merger To Wells v. Kirk Heintz

February 9, 2012

WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK SOUTHWEST, NA, FORMERLY KNOWN AS WACHOVIA MORTGAGE, FSB, FORMERLY KNOWN AS WORLD SAVINGS BANK, FSB PLAINTIFF,
v.
KIRK HEINTZ, AN INDIVIDUAL; LARRY TODT, AN INDIVIDUAL; TODD J. SMITH, AN INDIVIDUAL; TODD SMITH, AN INDIVIDUAL; CARL WALLACE, AN INDIVIDUAL; GOLDEN WEST CAPITAL, TRUSTEE OF THE MARANA 16 TRUST, AN ENTITY WHOSE FORM IS UNKNOWN; AND ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THAT REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE, COMMONLY DESCRIBED AS 16 MARANA STREET, SAN CLEMENTE, CALIFORNIA, 92673 WHICH CLAIM WOULD BE ADVERSE TO PLAINTIFF'S TITLE TO OR INTEREST IN SAID PROPERTY, OR ANY CLOUD ON PLAINTIFF'S TITLE TO OR INTEREST IN SAID PROPERTY; AND DOES 1 TO 10, INCLUSIVE, DEFENDANTS. GOLDEN WEST CAPITAL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS TRUSTEE OF THE MARANA 16 TRUST, PLAINTIFF,
v.
WELLS FARGO BANK N.A., A NATIONAL BANKING ASSOCIATION; ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THAT REAL PROPERTY LOCATED IN THE COUNTY OF ORANGE COMMONLY DESCRIBED AS 16 MARANA STREET, SAN CLEMENTE CALIFORNIA 92673, WHICH CLAIM IS ADVERSE TO PLAINTIFF'S TITLE TO OR INTEREST IN SAID PROPERTY; AND DOES 1 THROUGH 10 INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: The Honorable James V. Selnaunited States District Judge

[Assigned to Hon. James V. Selna]

JUDGMENT

[PROPOSED] ORDER RE PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT

[Assigned to the Hon. James V. Selna, District Judge]

The motion for partial summary judgment filed by plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Bank Southwest, N.A., formerly known as Wachovia Mortgage, FSB, formerly known as World Savings Bank, FSB ("Wells Fargo") came on regularly for hearing before the Honorable James V. Selna on January 9, 2011, at 1:30 p.m. in Courtroom 10C of the above-captioned Court.

The Court, having read and considered the motion, all opposition and reply papers, and oral argument and good cause appearing issued its order granting the motion in all respects on January 18, 2012. Wells Fargo having requested that the court's order be confirmed as a judgment pursuant to FRCP 54(b) and the court having found that there is no just reason for delay:

IT IS HEREBY ORDERED AND ADJUDGED:

1. The motion for partial summary judgment is granted in all respects, without leave to amend;

2. The Notice of Rescission, recorded in the official records of Orange County CA as Document No. 2010000207042, the Reconveyance recorded in the official records of Orange County as Document No. 2010000216948, and the Grant Deed from Kirk Heintz to Golden West LLC, trustee of the Marana 16 Trust recorded in the official records of Orange County CA as Document No. 2010000395758 are hereby canceled as void; and

3. Title to the subject property, commonly known as 16 Marana Street, San Clemente, California 92673-2742, the legal description of which is:

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE STATE OF CALIFORNIA DESCRITBED AS FOLLOWS: The land referred to is situated in the County of Orange, City of San Clemente, State of California, and is described as follows: That Portion of Lot 141 of Tract No. 8575, in the City of San Clemente, County of Orange, State of California, as shown on a Map recorded in Book 414 Pages 24 to 34 inclusive of Miscellaneous Maps, in the office of the County recorder of said County, described as follows: Parcel 141 as shown on that certain Line Adjustment entitled "Amended Map of Tract No. 8575", recorded January 20, 1983 as Instrument No. 83-029466, of Official Records.

is hereby quieted in favor of Wells Fargo Bank, N.A;

4. Plaintiff Wells Fargo recover its costs. IT IS SO ...


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