Daniel Kristof Lak, Got Away

RE: SLANDER OF REAL ESTATE TITLE

http://docs.justia.com/cases/federal/district-courts/nevada/nvdce/2:2009cv00686/65772/182/

BACKGROUND
In September 2006, Goddard purchased four parcels of land (located in northwest Las Vegas) where he planned to build residential homes. Goddard arranged a $1 million construction loan through the Bank and the parties secured the loan’s promissory note (the “Note”) on the parcels’ deed of trust. In September 2007, Goddard modified his loan with the Bank extending the maturity date until September 2008. Prior to the new maturity date, Goddard anticipated he would be unable to meet the loan obligations and sought another extension from the Bank. This time however, the parties could not reach an agreement to extend the loan’s maturity date and the Bank promptly commenced the non-judicial foreclosure process upon default.

The Note provided the Bank with certain rights upon default including state law remedies against the Note’s security, attorney’s fees, and costs. On October 13, 2008, the Bank filed a Notice of Default on the property. On January 16, 2009, the Bank filed a Notice of Trustee Sale, and the next month it acquired title to Goddard’s property as the result of a successful bid for $382,500. In its motion, the Bank claims that Goddard now owes $503,142.80 on the Note. ($399,184.94 principle, $93,952.87 interest, and $9,999 late fees)

Goddard hired a California attorney, Daniel K. Lak, to represent him after his unsuccessful attempts to obtain the second loan modification. On January 29, 2009, Lak recorded a lis pendens on the parcels. Despite recording the lis pendens, Lak had not filed an action related to the property in a Nevada court—a violation of Nevada law.

Although the lis pendens referenced a pending lawsuit in the Central District of California, that suit was not filed until late March 2009—well over one month after the lis pendens was filed—and that case was later dismissed.

SEE ALSO: July 25, 2011 191 ORDER granting 190 Motion for Voluntary Dismissal of the Slander of Title Cause of Action Pursuant to Rule 41(a)(2).

Mr. Goddard, still faces litigation. . .

DAMN! DAMN! DAMN! DAMN! DAMN!

Daniel K. Lak terminated. Signed by Judge Roger L. Hunt on 7/25/11.