Bank of America, N.A. v. Decatur Mountain Villas Homeowners Association, Inc. et al, No. 2:2016cv02765 - Document 25 (D. Nev. 2018)
Court Description: ORDER granting 23 Stipulation Confirming Validity of Deed of Trust; FURTHER ORDERED that this order constitutes the final judgment of this Court. Signed by Judge Andrew P. Gordon on 3/30/2018. (Copies have been distributed pursuant to the NEF - JM)
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Bank of America, N.A. v. Decatur Mountain Villas Homeowners Association, Inc. et al Doc. 25 Case 2:16-cv-02765-APG-NJK Document 23 Filed 03/29/18 Page 1 of 6 1 2 3 4 5 6 7 8 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 VATANA LAY, ESQ. Nevada Bar No. 12993 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: vatana.lay@akerman.com Attorneys for plaintiff Bank of America, N.A. and Federal National Mortgage Association UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 13 14 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, 15 16 17 18 Case No.: 2:16-cv-02765-APG-NJK STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED OF TRUST vs. DECATUR MOUNTAIN VILLAS HOMEOWNERS' ASSOCIATION, INC. AND G.J.L., INCORPORATED D/B/A PRO FORMA LIEN & FORECLOSURE SERVICES. 19 Defendants. 20 21 Plaintiffs Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, fka 22 Countrywide Home Loans Servicing, LP (BANA) and Federal National Mortgage Association 23 (Fannie Mae) and defendant Decatur Mountain Villas Homeowners Association (Decatur), through 24 their counsel of record, being the only parties to have appeared in this action, stipulate as follows: 25 1. This matter relates to real property located 4852 Partegus Street, North Las Vegas, 26 Nevada, 89031, APN 124-31-415-001 (the Property). The Property is more specifically described 27 as: 28 APN 124-31-415-001 43501719;1 Dockets.Justia.com Case 2:16-cv-02765-APG-NJK Document 23 Filed 03/29/18 Page 2 of 6 1 Parcel One (1): 2 An undivided 1/50th interest (except Association Property) in the Common Elements, sometimes Common Areas, within Phase 1 of Decatur Mountain Villas (A Condominium Development and Common Interest Community), as shown by map thereof on file in Book 107 of Plats, Page 59, in the Office of the County Recorder, Clark County, Nevada. 3 4 5 Excepting Therefrom all Living Units and Association Property in Phase 1 of Decatur Mountain Villas, (A Condominium Development and Common Interest Community). 6 7 And Reserving Therefrom the right to possession of all those areas designated as Limited Common Elements, sometimes Exclusive Use Areas, within the Common Elements, as shown on the Condominium Plat referred to above. 8 9 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 And Further Reserving Therefrom for the benefit of the Owners of Condominiums in subsequent phases, a non-exclusive easement on, over and across the Private Drive and Recreational Areas as defined and shown upon the Plat referred to above for ingress, egress and recreational use, subject to the Declaration of Covenants, Conditions and Restrictions for Decatur Mountain Villas Homeowners Association recorded April 22, 2003 in Book 20030422 as Document No. 01346 and Amended and Restated Declaration of Covenants, Conditions and Restrictions for Decatur Mountain Villa, recorded July 17, 2003 in Book 20030717 as Document No. 00855 of Official Records, to which reference is hereafter made. 11 12 13 14 15 16 Parcel Two (2): 17 19 Living Unit A in Building 1 of Decatur. Mountain Villa (A Condominium Development and Common Interest Community),.as shown by map referred to above. 20 Parcel Three (3): 21 The exclusive right to use, possession and occupancy of those portions of the Limited Common Elements, sometimes Exclusive Use Areas, within the Common Elements, described upon the plat and as referred to in Section 9.6(b) of the Declaration, which are appurtenant to and for the exclusive use of Parcel I & II. 18 22 23 24 Parcel Four (4): 25 A non-exclusive easement in ingress, egress and recreational use on and over the Private Drives and Recreational Areas of Horizon Hills, as shown by map referred to above, and future units, which easement is appurtenant to Parcel One (1), Two (2) and Three (3) described above. 26 27 28 APN 124-31-415-001 43501719;1 2 Case 2:16-cv-02765-APG-NJK Document 23 Filed 03/29/18 Page 3 of 6 1 2. 2 encumbers the Property and was recorded on November 16, 2004, as Document Number 20041116- 3 0004693, in the Official Records of Clark County, Nevada (the Deed of Trust). 4 3. AKERMAN LLP On September 26, 2012, Decatur recorded a Foreclosure Deed as Document 5 Number 201209260003385 of the Official Records of Clark County, Nevada (the HOA Foreclosure 6 Deed), reflecting that Decatur purchased the Property at its foreclosure sale of the Property conducted 7 on September 13, 2012 (the HOA Sale). Decatur has not transferred its interest in the Property and is 8 still the title holder of record. 9 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 BANA, as servicer for Fannie Mae, is the beneficiary of record of a Deed of Trust that 4. On December 2, 2016, BANA and Fannie Mae initiated a quiet title action against 10 Decatur in the United States District Court, District of Nevada, Case No. 2:17-cv-02765 (the Quiet 11 Title Action). 12 5. Fannie Mae, BANA, and Decatur have entered a confidential settlement agreement in 13 which they have settled all claims between them in this case. This stipulation and order applies to the 14 matters addressed in this particular case only and has no relevance to any other matter. 15 /// 16 /// 17 /// 18 /// 19 /// /// 20 21 22 /// /// /// 23 /// 24 25 26 /// /// /// 27 28 APN 124-31-415-001 43501719;1 3 Case 2:16-cv-02765-APG-NJK Document 23 Filed 03/29/18 Page 4 of 6 1 6. The Deed of Trust survived and was not extinguished in any capacity by the HOA Sale. 2 The Deed of Trust remains a valid encumbrance against the Property following the recording of the 3 HOA Foreclosure Deed, and Decatur's interest in the Property is subject to the Deed of Trust. 4 Dated: March 29, 2018. Dated: March 29, 2018. 6 AKERMAN LLP LIPSON NEILSON COLE SELTZER & GARIN, P.C. 7 /s/ Vatana Lay Ariel E. Stern, Esq. Nevada Bar No. 8276 Vatana Lay, Esq. Nevada Bar No. 12993 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: vatana.lay @akerman.com Attorneys for Plaintiffs Bank of America, N.A. and Federal National Mortgage Association /s/ Karen Kao Karen Kao, Esq. Nevada Bar No. 14386 9900 Covington Cross Drive, Suite 120 Las Vegas, NV 89144 Telephone: (702) 382-1500 Facsimile: (702) 382-1512 Attorneys for Decatur Mountain Homeowners Association 5 8 9 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APN 124-31-415-001 43501719;1 4 Villas Case 2:16-cv-02765-APG-NJK Document 23 Filed 03/29/18 Page 5 of 6 ORDER AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 2 Based on the above stipulation between plaintiffs Bank of America, N.A. (BANA) Federal 3 National Mortgage Association (Fannie Mae) and defendant Decatur Mountain Villas Homeowners 4 Association (Decatur), the Parties' agreement, and good cause appearing therefore, 5 IT IS ORDERED that the Deed of Trust recorded in the Official Records of Clark County, 6 Nevada against the real property located 4852 Partegus Street, North Las Vegas, Nevada, 89031, APN 7 124-31-415-001 (the Property) on November 16, 2004, as Document Number 20041116-0004693, 8 was not extinguished, impaired, or otherwise affected by the foreclosure sale of the Property conducted 9 by Decatur on September 13, 2012 or the recording of the HOA Foreclosure Deed in the Official 10 Records of Clark County, Nevada, on September 26, 2012, as Document Number 201209260003385, 11 reflecting that Decatur purchased the Property at the foreclosure sale. Decatur's ownership interest in 12 the Property is subject to the Deed of Trust. 13 IT IS FURTHER ORDERED that Plaintiffs shall be entitled to record this STIPULATION 14 AND ORDER CONFIRMING VALIDITY OF DEED OF TRUST in the Official Records of Clark 15 County, Nevada in accordance with the rules of the Recorder's Office. IT IS FURTHER ORDERED that this order constitutes the final judgment of this Court, 16 17 resolving all claims in this case with prejudice, each party to bear its own fees and costs. Dated: March 30, 2018. DATED this _____ day of ___________________, 2018. 18 19 ___ UNITED STATES DISTRICT COURT JUDGE 20 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// APN 124-31-415-001 43501719;1 5 Case 2:16-cv-02765-APG-NJK Document 23 Filed 03/29/18 Page 6 of 6 1 2 AKERMAN LLP 3 /s/ Vatana Lay Ariel E. Stern, Esq. Nevada Bar No. 8276 Vatana Lay, Esq. Nevada Bar No. 12993 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 ariel.stern@akerman.com vatanal.ay@akerman.com Attorneys for Plaintiffs Bank of America, N.A. and Federal National Mortgage Association 4 5 6 7 8 9 AKERMAN LLP 10 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Respectfully submitted by: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APN 124-31-415-001 43501719;1 6
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