Nationstar Mortgage, LLC v. Rob and Robbie, LLC, No. 2:2013cv01241 - Document 70 (D. Nev. 2017)

Court Description: FINAL JUDGMENT Confirming Existence and Validity of Deed of Trust, re ECF No. 69 Stipulation. Signed by Judge Robert C. Jones on 7/12/2017. (Copies have been distributed pursuant to the NEF - KR)
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Nationstar Mortgage, LLC v. Rob and Robbie, LLC Doc. 70 Case 2:13-cv-01241-RCJ-PAL Document 69 Filed 07/11/17 Page 1 of 5 1 6 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 VATANA LAY, ESQ. Nevada Bar No. 12993 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: vatana.lay@akerman.com 7 Attorneys for Nationstar Mortgage LLC 2 3 4 5 8 AKERMAN LLP UNITED STATES DISTRICT COURT 10 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 DISTRICT OF NEVADA 11 12 13 NATIONSTAR MORTGAGE LLC, Case No.: 2:13-cv-01241-RCJ-PAL Plaintiff, STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED OF TRUST vs. 14 15 16 ROB AND ROBBIE, LLC, a Nevada Limited Liability Company; DOES 1 through 10; and ROE BUSINESS ENTITIES 1 through 10, inclusive, 17 Defendants. 18 19 Plaintiff Nationstar Mortgage LLC (Nationstar), and Defendant Rob and Robbie, LLC 20 (R&R), through their counsel of record, stipulate as follows: 21 1. This matter relates to real property located 3816 Purple Bloom Court, Las Vegas 22 Nevada, 89122, APN 161-15-713-003 (the Property). The Property is more specifically described 23 as: 24 PARCEL ONE (1): 25 LOT 18 IN BLOCK 3 OF FINAL MAP OF DESERT INN MASTER PLAN LOT "D" PHASE 1 (A COMMON INTEREST COMMUNITY) AS SHOWN BY MAP THEREOF ON FILE IN BOOK 114 OF PLATS, PAGE 68, IN THE OFFICE OF THE COUNTY RECORDER, CLARK COUNTY, NEVADA. RESERVING THEREFROM A NON-EXCLUSIVE EASEMENT FOR 26 27 28 – APN 161-15-713-003 1 40593879;4 Dockets.Justia.com Case 2:13-cv-01241-RCJ-PAL Document 69 Filed 07/11/17 Page 2 of 5 3 INGRESS, EGRESS AND ENJOYMENT IN AND TO THE COMMON ELEMENTS AS DELINEATED ON SAID MAP REFERRED TO ABOVE AND FURTHER DESCRIBED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUN RIDGE RECORDED MAY 18, 2004 IN BOOK 20040518 AS DOCUMENT NO. 05837 OF OFFICIAL RECORDS. 4 PARCEL TWO (2): 5 8 A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND ENJOYMENT IN AND TO THE COMMON ELEMENTS AS DELINEATED ON SAID MAP REFERRED TO ABOVE AND FURTHER DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUN RIDGE RECORDED MAY 18, 2004 IN BOOK 20040518 AS DOCUMENT NO. 05837 OF OFFICIAL RECORDS. 9 Parcel ID Number: 161-15-713-003 which currently has the address of 3816 Purple Bloom 1 2 6 7 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 Court, Las Vegas, Nevada 89122. 2. 11 Nationstar is the beneficiary of record of a Deed of Trust that encumbers the Property 12 and was recorded on June 13, 2005, as Document Number 20050613-0004694, and re-recorded on 13 September 14, 2005, as Document Number 20050914-0004678 in the Official Records of Clark 14 County, Nevada (the Deed of Trust). 3. 15 On October 19, 2012, R&R recorded a Foreclosure Deed as Document 16 Number 201210190001957 of the Official Records of Clark County, Nevada (the HOA Foreclosure 17 Deed), reflecting that R&R purchased the Property at a foreclosure sale of the Property conducted by 18 Sunrise Ridge aka Sunrise Ridge Master Homeowners Association on October 12, 2012 (the HOA 19 Sale). R&R has not transferred its interest in the Property and is still the title holder of record. 4. 20 On July 12, 2013, Nationstar initiated a quiet title action against R&R in the United 21 States District Court, District of Nevada, Case No. 2:13-cv-01241-RCJ-PAL (the Quiet Title 22 Action). 5. 23 Nationstar and R&R have entered a confidential settlement agreement in which they 24 have settled all claims between them in this case. This stipulation and order applies to the matters 25 addressed in this particular case only and has no relevance to any other matter. 26 // 27 // 28 // – APN 161-15-713-003 2 40593879;4 Case 2:13-cv-01241-RCJ-PAL Document 69 Filed 07/11/17 Page 3 of 5 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 R&R's interest in the Property is subject to the Deed of Trust. 4 7. R&R stipulates and agrees that within ten days of the date of this stipulation, it will 5 cure any outstanding amounts owed to Sunrise Ridge aka Sunrise Ridge Master Homeowners 6 Association as of the date of this stipulation. 7 8 Dated: July 11, 2017. Dated: July 11, 2017. 9 WALSH & FRIENDMAN, LTD AKERMAN LLP AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 13 14 15 16 17 /s/ Matthew P. Pawlowski Matthew P. Pawlowski, Esq. Nevada Bar No. 9889 Robert J. Walsh, Esq. Nevada Bar No. 3836 400 S. Maryland Parkway Las Vegas, NV 89101 Telephone: (702) 474-4660 Facsimile: (702) 474-4664 Attorneys for Rob and Robbie, LLC /s/ Vatana Lay Ariel E. Stern, Esq. Nevada Bar No. 8276 Vatana Lay, Esq. Nevada Bar No. 12993 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: vatana.lay@akerman.com Attorneys for Plaintiff Nationstar Mortgage LLC 18 19 20 21 22 23 24 25 26 27 28 – APN 161-15-713-003 3 40593879;4 Case 2:13-cv-01241-RCJ-PAL Document 69 Filed 07/11/17 Page 4 of 5 1 ORDER 2 3 Based on the above stipulation between Plaintiff Nationstar Mortgage LLC (Nationstar) and Rob & Robbie, LLC (R&R), the Parties' agreement, and good cause appearing therefore, Nevada against the real property located 3816 Purple Bloom Court, Las Vegas Nevada, 89122, APN 6 161-15-713-003 (the Property) on June 13, 2005, as Document Number 20050613-0004694, and re- 7 recorded on September 14, 2005, as Document Number 20050914-0004678 was not extinguished, 8 impaired, or otherwise affected by the foreclosure sale of the Property conducted by Sunrise Ridge 9 aka Sunrise Ridge Master Homeowners Association on October 12, 2012 or the recording of the 10 AKERMAN LLP IT IS ORDERED that the Deed of Trust recorded in the Official Records of Clark County, 5 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 4 HOA Foreclosure Deed in the Official Records of Clark County, Nevada, on October 19, 2012, as 11 Document Number 201210190001957, reflecting that R&R purchased the Property at the 12 foreclosure sale. R&R's ownership interest in the Property is subject to the Deed of Trust. 13 IT IS FURTHER ORDERED that Nationstar 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. 16 IT IS FURTHER ORDERED that within ten days of the date of stipulation, R&R will cure 17 any outstanding amounts owed to Sunrise Ridge aka Sunrise Ridge Master Homeowners 18 Association. 19 20 IT IS FURTHER ORDERED that this order constitutes the final judgment of this Court, resolving all claims in this case with prejudice, each party to bear its own fees and costs. 21 12th day ___________________, 2017. DATED this _____day of July, 2017. 22 DISTRICT COURT JUDGE 23 // 24 // 25 // 26 // 27 // 28 – APN 161-15-713-003 4 40593879;4 Case 2:13-cv-01241-RCJ-PAL Document 69 Filed 07/11/17 Page 5 of 5 1 Respectfully submitted by: 2 AKERMAN LLP /s/ Vatana Lay Ariel E. Stern, Esq. Nevada Bar No. 8276 Vatana Lay, Esq. Nevada Bar No. 12993 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: vatana.lay@akerman.com Attorneys for Plaintiff Nationstar Mortgage LLC 3 4 5 6 7 8 9 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 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 161-15-713-003 5 40593879;4