Koronik v. Ocwen Loan Servicing LLC et al

Filing 20

ORDER Granting 19 Stipulation. IT IS HEREBY STIPULATED AND AGREED, that Nationstar shall be substituted in the place and stead of Ocwen. IT IS FURTHER STIPULATED AND AGREED that Freddie Mac and FHFA shall be permitted to intervene as co-defendants in the above captioned action pursuant to Federal Rule of Civil Procedure 24. Signed by Magistrate Judge George Foley, Jr on 6/29/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:13-cv-02060-APG-GWF Document 19 Filed 06/26/15 Page 1 of 4

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Jory C. Garabedian, Esq.
Nevada Bar No. 10352
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
[e-mail]
[phone]; Fax: [phone]
Attorney for Ocwen Loan Servicing, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:13-cv-02060-APG-GWF

DAVID KORONIK, an Individual

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Plaintiff,
STIPULATION AND ORDER

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vs.
OCWEN LOAN SERVICING, LLC, a foreign
limited liability company; ROBERT
PELLEGRINO, an Individual; THERESA
PELLEGRINO, an Individual, DOES 1 through
10; and ROE CORPORATIONS 1 through 10,
Inclusive,

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Defendants.

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STIPULATION AND ORDER

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Defendant Ocwen Loan Servicing, LLC (“Ocwen”), Plaintiff David Koronik

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(“Plaintiff”), Proposed Substitute Defendant Nationstar Mortgage LLC, and Proposed

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Defendant-Intervenors Federal Home Loan Mortgage Corporation and Federal Housing Finance

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Agency, by and through their respective attorneys of record, hereby stipulate and agree as

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follows:

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1. The above-captioned action concerns quiet title and declaratory relief claims regarding

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real property located at 1809 Calle De Vegas, Las Vegas, Nevada 89102 (hereinafter the

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“Property”).

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Case 2:13-cv-02060-APG-GWF Document 19 Filed 06/26/15 Page 2 of 4

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2. Plaintiff claims it acquired title to the Property following an HOA foreclosure sale under

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NRS 116, and Plaintiff further claims said foreclosure sale extinguished that certain

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Deed of Trust recorded with the Clark County Recorder’s Office on August 20, 2007 as

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document/instrument number 20070820-0003934 (hereinafter the “Deed of Trust”).

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3. The Federal Home Loan Mortgage Corporation (“Freddie Mac”), which is under the

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conservatorship of the Federal Housing Finance Agency (“FHFA”), claims ownership of

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the Deed of Trust and the note it secures.

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4. An Assignment of Deed of Trust Nevada was recorded with the Clark County Recorder’s

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Office on January 25, 2011 as document/instrument 20110125-0002215, wherein the

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Deed of Trust was assigned to Ocwen.
5. After the commencement of the above captioned action, an Assignment of Deed of Trust

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was recorded with the Clark County Recorder’s Office on October 28, 2013 as

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document/instrument 20131028-0000656, wherein Ocwen assigned its interest in the

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Deed of Trust to Nationstar Mortgage LLC (hereinafter “Nationstar”).

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NOW WHEREFORE, based on the foregoing,

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IT IS HEREBY STIPULATED AND AGREED, that Nationstar shall be substituted in

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the place and stead of Ocwen.
IT IS FURTHER STIPULATED AND AGREED that Freddie Mac and FHFA shall be

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permitted to intervene as co-defendants in the above captioned action pursuant to Federal Rule of

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Civil Procedure 24.

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IT IS SO STIPULATED AND AGREED.

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Case 2:13-cv-02060-APG-GWF Document 19 Filed 06/26/15 Page 3 of 4

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DATED this 26th day of June, 2015.
WRIGHT, FINLAY & ZAK, LLP

BLACK & LOBELLO

/s/ Jory C. Garabedian, Esq.
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Jory C. Garabedian, Esq.
Nevada Bar No. 10352
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89148
Attorneys for Ocwen Loan Servicing, LLC;
Proposed Substituted Party Nationstar
Mortgage, LLC; & Proposed Intervenor
Federal Home Loan Mortgage Corporation

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FENNEMORE CRAIG, P.C.

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/s/ Steven J. Mack, Esq._______________
Tisha R. Black, Esq.
Nevada Bar No. 5876
Steven J. Mack, Esq.
Nevada Bar No. 4000
10777 W. Twain Ave., 3rd Fl.
Las Vegas, NV 89135
Attorneys for Plaintiff

/s/ John D. Tennert, Esq.________________
Leslie Bryan Hart, Esq.
Nevada Bar No. 4932
John D. Tennert, Esq.
Nevada Bar No. 11728
300 E. Second St., Suite 1510
Reno, Nevada 89501
Tel: [phone] Fax: [phone]
And
ARNOLD & PORTER LLP
(Pro Hac Vice to be Submitted)
Asim Varma, Esq. (Pro Hac Vice)
Howard N. Cayne, Esq. (Pro Hac Vice)
Michael A.F. Johnson, Esq. (Pro Hac Vice)
555 12th Street NW
Washington, DC 20004
Tel: [phone] Fax: [phone]
Attorneys for Proposed Intervenor Federal
Housing Financing Agency

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IT IS SO ORDERED:

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______________________________________
UNITED STATES DISTRICT COURT JUDGE
GEORGE FOLEY, JR.
United States Magistrate Judge
June 29, 2015
DATED:____________________________

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Case 2:13-cv-02060-APG-GWF Document 19 Filed 06/26/15 Page 4 of 4

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am an employee of WRIGHT, FINLAY & ZAK, LLP; that

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service of the foregoing STIPULATION AND ORDER was made on the 26th day of June,

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2015, to all parties and counsel as identified on the Court-generated Notice of Electronic Filing.

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/s/ Jenn Alexy______________________________
An Employee of WRIGHT, FINLAY & ZAK, LLP

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