Walter T.

Keane – 10333
WALTER T. KEANE, P.C.
2825 Cottonwood Pkwy., Suite 500
Salt Lake City, Utah 84121
Telephone: (801) 990-4422
Facsimile: (801) 606-7533
Email: walter@walterTkeane.com
Attorney for Plaintiff

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

ROD KAGAN
Plaintiff,
MOTION FOR PARTIAL SUMMARY
-vs- JUDGMENT

BEHZAD “BOBBY” ASHTIANI, SCOTTY (QUIET TITLE OVER DIRECT

J. BULLOCK, TODD BULLOCK, MARC MORTGAGE TRUST DEED)
HUNTINGTON, ET AL.

Defendants. Case No: 080913914

Judge: Dever

Pursuant to Rule 56 of the Utah Rules of Civil Procedure, plaintiff moves the

Court for summary judgment on the issue of the validity of former defendant Direct

Mortgage Corp.'s trust deed recorded against the property which is the subject matter of

this litigation (the "Property").

The grounds for this motion are: (1) there exists no issue of disputed material fact

and (2) plaintiff is entitled to judgment as a matter of law in regards to the invalidity of

1
the trust deed. While others may have a claim to the property, former defendant Direct

Mortgage Corp. does not.

In further support of this motion, defendant has filed a memorandum in support

together with a stipulation of material facts by former defendant Direct Mortgage Corp.

DATED this __________ day of April 2010.

_______________________
BY: Walter T. Keane

Certificate of service

I certify that I mailed the foregoing document via US mail first-class on

_________ to the following persons and/or entities:

Damian E. Davenport Behzad Ashtiani

Damian E. Davenport, P.C. The NPI whatever entities.
341 South Main St., Suite 406 61 Willow Tree Ln.
Salt Lake City, UT 84111 Irving, CA 92626

Darren K. Nelson
Parr Brown Gee & Loveless
185 South State St., Suite 800
Salt Lake City, Utah 84111-1537

______________________

2
Walter T. Keane – 10333
WALTER T. KEANE, P.C.
2825 Cottonwood Pkwy., Suite 500
Salt Lake City, Utah 84121
Telephone: (801) 990-4422
Facsimile: (801) 606-7533
Email: walter@walterTkeane.com
Attorney for Plaintiff

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

ROD KAGAN
Plaintiff,
MEMORANDUM IN SUPPORT OF
-vs- MOTION FOR PARTIAL SUMMARY
JUDGMENT
BEHZAD “BOBBY” ASHTIANI, SCOTTY (QUIET TITLE OVER DIRECT
J. BULLOCK, TODD BULLOCK, MARC MORTGAGE TRUST DEED.)
HUNTINGTON, ET AL.

Defendants. Case No: 080913914

Judge: Dever

In support of his motion for partial summary judgment plaintiff, Rod Kagan

submits the following undisputed material facts and relevant legal principles:

1
 Undisputed Material Facts

1. Former defendant Direct Mortgage Corp. has no interest in the trust deed recorded

on December 16, 2008 at book number 9665, page number 5699-5716, in the office of

the Salt Lake County recorder. See Exhibit A.

2. Former defendant Direct Mortgage Corp. does not claim any right, title, or

interest, beneficial or otherwise, in the property which is a subject matter of this litigation

(commonly known as 3275 Oakcliff Dr., Salt Lake City, UT 84124).

Argument

Summary judgment is proper where, "no genuine issue as to any material fact

[exists] and the moving party is entitled to judgment as a matter of law." Rule 56, URCP.

It is undisputed that former defendant Direct Mortgage Corp. has no interest in the

property, trusts deed, or note. See Exhibit "A."

Therefore, the trust deed which is specifically noted in the attached Exhibit "A,"

must be declared a nullity and stricken from the chain of title. Any other party claiming

an interest in the property may record her or its interest pursuant to §57-3-101, UCA.

2
 Conclusion

In consideration of the foregoing, Kagan requests that this Court execute an order

– which will be recorded with the Salt Lake County recorder's office – nullifying the trust

deed. And such further actions deemed just and proper by this Court

DATED this __________ day of April 2010.

_______________________
BY: Walter T. Keane

Certificate of service

I certify that I mailed the foregoing document via US mail first-class on

_________ to the following persons and/or entities:

Damian E. Davenport Behzad Ashtiani

Damian E. Davenport, P.C. The NPI whatever entities.
341 South Main St., Suite 406 61 Willow Tree Ln.
Salt Lake City, UT 84111 Irving, CA 92626

Darren K. Nelson
Parr Brown Gee & Loveless
185 South State St., Suite 800
Salt Lake City, Utah 84111-1537

______________________

3
 FILED DISTRICT COURT
Third Judicial District
Walter T. Keane - 10333
WALTER T. KEANE, P.C.
2825 Cottonwood Pkwy., Suite 500
Salt Lake City, Utah 84121
B W SALT LAKE CUUi'l1 Y

Y Deputy Clerk
Telephone: (801) 990-4422
Facsimile: (801) 606-7533
Email: walter@walterTkeane.com
Attorneyfor Plaintiff

IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT

IN AND FOR SALT LAKE COUNTY, STATE OF UTAH

ROD KAGAN
Plaintiff,
[PROPOSED] ORDER
-vs-
Case No: 080913914
BEHZAD "BOBBY" ASHTIANI, SCOTTY
J. BULLOCK, TODD BULLOCK, MARC Judge: Dever
HUNTINGTON, ET AL.

Defendants.

This Court having considered plaintiffs motion for partial summary judgment,

the memorandum in support, the stipulation as to facts executed by former defendant

Direct Mortgage Corp., and such other papers and/or arguments which were submitted,

the Court rules as follows:

Findings of Undisputed Fact

1. Pursuant to Rule 7, URCP, plaintiff was required to separately state each material

fact to which plaintiff contended there was no genuine issue of material fact; this was

done. Additionally, the plaintiff properly buttressed his separately stated facts with a

"Stipulation as to Facts by [former defendant] Direct Mortgage Corp."

2. In consideration of the papers, exhibits, stipulations andlor arguments made to the

Court it is undisputed that former defendant, Direct Mortgage Corp., no longer claims

any right, title, or interest, whatsoever in the property which is a subject matter of this

litigation.

3. Having considered undisputed material facts the Court now turned its attention to

the law.

4. Any party claiming an interest in the property is free record such interest in the

property pursuant to § 57-3-101, UCA., et seq.

5. Former defendant Direct Mortgage Corp. clearly no longer claims any interest.

IT IS HEREBY ORDERED the trust deed recorded on or about December 16,

2008 at Entry No. 10580161, Book No. 9655, Page No. 5699-5716, in the office of the

Salt Lake County recorder is a NULLITY.

DATED this __1--=-__ day of ~

 Certificate ofservice

I certify that I mailed the foregoing document via US mail first-class on

~
I
to the following persons and/or entities:
Damian E. Davenport Behzad Ashtiani
Damian E. Davenport, P.C. The NPI whatever entities.
341 South Main St., Suite 406 61 Willow Tree Ln.
Salt Lake City, UT 84111 Irving, CA 92626

Darren K. Nelson
Parr Brown Gee & Loveless
185 South State St., Suite 800
Salt Lake City, Utah 84111-1537