Bank of America, N.A. v. North Truckee Townhomes Homeowners Association et al, No. 3:2016cv00135 - Document 83 (D. Nev. 2019)

Court Description: ORDER OF FINAL JUDGMENT AND QUIET TITLE approving ECF No. 82 Stipulated/Consent Judgment, dismissing with prejudice all claims in this case. Signed by Judge Miranda M. Du on 3/4/2019. (Copies have been distributed pursuant to the NEF - KR)

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Bank of America, N.A. v. North Truckee Townhomes Homeowners Association et al 1 2 3 4 5 6 7 Doc. 83 DARREN T. BRENNER, ESQ. Nevada Bar No. 8386 WILLIAM S. HABDAS, ESQ. Nevada Bar No. 13138 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: darren.brenner@akerman.com Email: william.habdas@akerman.com Attorneys for Bank of America, N.A. 8 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 BANK OF AMERICA, N.A. 12 Case No. 3:16-cv-00135-MMD-CBC Plaintiff, 13 vs. 14 NORTH TRUCKEE TOWNHOMES HOMEOWNERS ASSOCIATION; and E. ALAN TIRAS, 15 16 STIPULATION AND ORDER OF FINAL JUDGMENT AND QUIET TITLE Defendants. 17 18 19 20 21 22 23 24 25 26 27 Plaintiff Bank of America, N.A. (BANA) and defendant North Truckee Townhomes Homeowners Association (North Truckee), through their counsel of record, stipulate as follows: 1. This matter relates to real property located 3168 North Truckee Lane, Sparks, Nevada 89434, APN 036-520-19 (the Property). The Property is more specifically described as: PARCEL 1: Lot 19 in Block D of North Truckee Townhomes, a Townhouse Development, according to the map thereof, filed in the office of the County Recorder of the County of Washoe County, State of Nevada, on October 29, 1984. PARCEL 2: The rights and easements contained in the Declaration of Covenants, Conditions and Restrictions for North Truckee Townhomes, a Townhouse Development, filed in the office of the County Recorder of Washoe County, State of Nevada, on October 30, 1984, as Document No. 959516. 28 APN 036-520-19 1 Dockets.Justia.com 1 2. 2 was recorded on November 20, 2009, as Document Number 3823205, in the Official Records of 3 Washoe County, Nevada (the Deed of Trust). 4 3. AKERMAN LLP On December 14, 2011, North Truckee recorded a Foreclosure Deed as Document 5 Number 4066617 in the Official Records of Washoe County, Nevada (the HOA Foreclosure Deed), 6 reflecting that North Truckee purchased the Property at North Truckee's foreclosure sale of the 7 Property conducted on December 5, 2011 (the HOA Sale). North Truckee has not transferred its 8 interest in the Property and is 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 is the beneficiary of record of a Deed of Trust that encumbers the Property and 4. On March 8, 2016 BANA initiated a quiet title action against North Truckee and E. 10 Alan Tiras in the United States District Court, District of Nevada, Case No. 3:16-cv-00135 (the 11 Quiet Title Action). 12 13 5. BANA and North Truckee have entered a confidential settlement agreement in which they have settled all claims between them in this case. 14 6. Among other things, North Truckee has transferred any and all interest it acquired as a 15 result of the HOA Sale and HOA Foreclosure Deed to BANA, as reflected by the quit-claim deed 16 attached hereto as Exhibit A. 17 … 18 … 19 … 20 … 21 … 22 … 23 … 24 … 25 … 26 … 27 … 28 … APN 036-520-19 2 1 7. Among other things, the parties agree title to the Property is quieted in BANA's favor. 2 North Truckee disclaims all right, title, or interest in the Property as a result of the HOA Sale and 3 HOA Foreclosure Deed. 4 5 6 7 8. The title to the real property located 3168 North Truckee Lane, Sparks, Nevada 89434, APN 036-520-19 (the Property) is quieted in favor of BANA. 9. All claims in this case are dismissed with prejudice, each side to bear its own attorney fees and costs. 8 9 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 Dated this 4th day of March, 2019. Dated this 4th day of March, 2019. AKERMAN LLP TYSON & MENDES, LLP /s/ William S. Habdas DARREN T. BRENNER, ESQ. Nevada Bar No. 8386 WILLIAM S. HABDAS, ESQ. Nevada Bar No. 13138 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Attorneys for plaintiff Bank of America, N.A. /s/ Thomas E. McGrath THOMAS E. MCGRATH, ESQ. Nevada Bar No. 7086 3960 Howard Hughes Parkway, Suite 600 Las Vegas, NV 89169 Attorneys for defendant North Truckee Townhomes Homeowners Association 11 12 13 14 15 16 17 IT IS SO ORDERED. 18 19 _____________________________________________ UNITED STATES DISTRICT COURT JUDGE 20 21 March 4, 2019 DATED: _________________________________ 22 23 24 25 26 27 28 APN 036-520-19 3

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