1 Michael Beede, Esq. Nevada Bar No. 13068 2 THE LAW OFFICE OF MIKE BEEDE, PLLC 3 2470 St. Rose Pkwy., Ste. 307 Henderson, NV 89074 4 Phone: 702-473-8406 Fax: 702-832-0248 5 [email protected] 6 Attorneys for Plaintiff

7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8

9 MARIVELLE NUNEZ AS TRUSTEE FOR CASE NO. 2:16-cv-01504-JAD-NJK MARIVELLE NUNEZ REVOCABLE 10 LIVING TRUST,

11 Plaintiff, [PROPOSED] ORDER GRANTING 12 v. PLAINTIFF’S MOTION FOR 13 HOMEFIELD FINANCIAL, INC.; DEFAULT JUDGMENT PURSUANT MORTGAGE ELECTRONIC TO FRCP 55(b)(2) AGAINST 14 REGISTRATION SYSTEMS, INC.; DEFENDANTS HOMEFIELD 15 NATIONSTAR MORTGAGE, LLC; FINANCIAL, INC. AND KEYBANK KEYBANK NATIONAL ASSOCIATION; and NATIONAL ASSOCIATION 16 DOES 1 through 10, inclusive; ROE CORPORATIONS 1 through 10, inclusive 17 Defendants. 18 NATIONSTAR MORTGAGE, LLC ECF No. 51 19 Counterclaimant/Crossclaimant, 20 v. 21 MARIVELLE NUNEZ AS TRUSTEE FOR 22 MARIVELLE NUNEZ REVOCABLE LIVING TRUST; SILVER TURTLE 23 HOMEOWNER’S ASSOCIATION; and 24 NEVADA ASSOCIATION SERVICES 25 Counter-Defendant/Cross-Defendants

26 In this action, the Judgment by Default concerns the real property commonly known as 27 6120 Skokie Ct., Las Vegas, NV 89130, APN: 125-26-611-016, and more fully described as 28 follows: 1 PARCEL ONE (1): 2 LOT 16 IN BLOCK 1 OF FINAL MAP OF JONES / AZURE II (a COMMON INTEREST COMMUNITY) AS SHOWN BY MAP THEREOF ON FILE IN BOOK 117 3 OF PLATS, PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER, CLARK 4 COUNTY, NEVADA.

5 PARCEL TWO (2): 6 A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND ENJOYMENT IN AND TO THE COMMON ELEMENTS AS DELINEATED ON SAID MAP 7 REFERRED TO ABOVE AND FURTHER DESCRIBED IN THE DECLARATION OF 8 COVENANTS, CONDITIONS AND RESTRICTIONS FOR SILVER TURTLE RECORDED JULY 23, 2004 IN BOOK 20040723 AS DOCUMENT NO. 01464 OF 9 OFFICIAL RECORDS.

10 The Defendants, HOMEFIELD FINANCIAL, INC. and KEYBANK NATIONAL 11 ASSOCIATION, having been regularly served with Summons and Complaint and having failed 12 to appear and answer Plaintiff’s claims filed herein, the legal time for answering having expired, 13 and no answer or responsive motion having been filed, the Default of said Defendants, 14 HOMEFIELD FINANCIAL, INC. and KEYBANK NATIONAL ASSOCIATION, in the 15 premises, having been duly entered according to law, thus, default judgment shall be hereby 16 entered against said Defendants, HOMEFIELD FINANCIAL, INC. and KEYBANK 17 NATIONAL ASSOCIATION. 18 Pursuant to Eitel v. McCool,

(9th Cir. 1986), the factors which 19 a court should consider in determining whether default judgment is proper include: (1) the 20 possibility of prejudice to the plaintiff, (2) the merits of plaintiff's substantive claim, (3) the 21 sufficiency of the complaint, (4) the sum of money at stake in the action, (5) the possibility of a 22 dispute concerning material facts, (6) whether the default was due to excusable neglect, and (7) 23 the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the 24 merits. The Court finds that in sum, these factors weigh in favor of the entry of default judgment 25 against HOMEFIELD FINANCIAL, INC. and KEYBANK NATIONAL ASSOCIATION. 26 Therefore, this Court GenRteArsN jTudSg [mEeCnFt Nagoa.i n5s1t] HthOe MMEotFioIEn LfoDr DFIeNfaAuNlt CJuIdAgLm, eInNtC. and 27 KagEaYinBstA HNoKm NefAieTldI OFNinAanLc iAalS, SInOcC. aIAndT KIOeNyb aasn kfo Nlloawtiosn: al Association; and 28 1 2 IT IS SO ORDERED THAT PLAINTIFF HAVE JUDGMENT AGAINST |DEFENDANTS, HOMEFIELD FINANCIAL, INC. and KEYBANK NATIONAL 4 | ASSOCIATION: 5 1. For a determination and declaration that Plaintiff owns the property commonly known 6 as 6120 Skokie Ct., Las Vegas, NV 89130, and bearing Assessor’s Parcel Number 125- 7 26-611-016, free and clear of all liens, encumbrances, and claims of HOMEFIELD 8 FINANCIAL, INC. and KEYBANK NATIONAL ASSOCIATION; 9 2. For determination and declaration that the HOMEFIELD FINANCIAL, INC. and 10 KEYBANK NATIONAL ASSOCIATION has no estate, right, title, interest or claim 11 to the property commonly known as 6120 Skokie Ct., Las Vegas, NV 89130, and 12 bearing Assessor’s Parcel Number 125-26-611-016; and 13 3. Enjoining the Defendants, HOMEFIELD FINANCIAL, INC. and KEYBANK 14 NATIONAL ASSOCIATION, from asserting any estate, right, title, interest or claim 15 in the property commonly known as 6120 Skokie Ct., Las Vegas, NV 89130, and 16 bearing Assessor’s Parcel Number 125-26-611-016. 17 4. This Judgment shall not affect the rights of those against whom Default has not been 18 entered. 19 5. Because this judgment resolves all remaining claims, the Clerk of Court is directed 20 to ENTER JUDGMENT accordingly and CLOSE THIS CASE. 21 22 US. District wa Dies 33 Dated: October 23, 2020 24 25 26 27 28