The Bank of New York Mellon v. Riverwalk Homeowners Association et al

Filing 81

ORDER Granting 80 Stipulation to Substitute Real Party in Interest. CitiBank, as current assignee under the deed of trust, should be substituted for BoNYM in this action as plaintiff and counterdefendant. Signed by Magistrate Judge Nancy J. Koppe on 7/31/2019. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:15-cv-01178-RFB-NJK Document 80 Filed 07/30/19 Page 1 of 3

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
DONNA M. WITTIG, ESQ.
Nevada Bar No. 11015
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for The Bank of New York Mellon, f/k/a The Bank
of New York Trust Company, National Association, as
Successor in Interest to JPMorgan Chase Bank, National
Association, as Trustee for the MLMI SURF Series 2005-BC4
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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THE BANK OF NEW YORK MELLON, F/K/A
BANK OF NEW YORK TRUST COMPANY,
NATIONAL ASSOCIATION, AS SUCCESSOR
IN INTEREST TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE MLMI SURF TRUST
SERIES 2005-BC4,

Case No.: 2:15-cv-01178-RFB-NJK
STIPULATION
SUBSTITUTE
INTEREST

Plaintiff,

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vs.

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RIVERWALK
HOMEOWNERS
ASSOCIATION; JERRY GUTZMER; DOE
INDIVIDUALS I-X, inclusive, and ROE
CORPORATIONS I-X, inclusive,

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Defendants.

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JERRY GUTZMER,

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Counter Claimant,
vs.
THE BANK OF NEW YORK MELLON, F/K/A
BANK OF NEW YORK TRUST COMPANY,
NATIONAL ASSOCIATION, AS SUCCESSOR
IN INTEREST TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE MLMI SURF TRUST
SERIES 2005-BC4,
Counter Defendant.

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49122375;1

AND
REAL

ORDER
PARTY

TO
IN

Case 2:15-cv-01178-RFB-NJK Document 80 Filed 07/30/19 Page 2 of 3

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Plaintiff/Counter-Defendant The Bank of New York Mellon, f/k/a The Bank of New York

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Trust Company, National Association, as Successor in Interest to JPMorgan Chase Bank, National

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Association, as Trustee for the MLMI SURF Series 2005-BC4 (BoNYM), Defendant Riverwalk

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Homeowners Association (Riverwalk) and Defendant/Counter-Claimant Jerry Gutzmer (Gutzmer)

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hereby stipulate and agree substitute CitiBank, N.A., not in its individual capacity, but solely as

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trustee of NRZ Pass-Through Trust VI (CitiBank) as the real property in interest, in place of

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BoNYM to this matter and to the case caption. The parties further stipulate as follows:

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1.

Borrowers Alexander and Veronica B. Escalante executed a deed of trust in the

recorded July 11, 2005, with the Clark County Recorder as Instrument No. 20050711-0001438. The

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AKERMAN LLP

amount of $223,192.00 for property located at 3664 Durant Drive, Las Vegas, Nevada 89122,

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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lender under the original deed of trust was Mandalay Mortgage, LC (Mandalay), and Mortgage

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Electronic Registration Systems, Inc. (MERS) was listed as nominee for Mandalay.

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2.

On April 9, 2009, Mandalay assigned the deed of trust to assigned to The Bank of

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New York Trust Company, N.A., as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee

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for the MLMI SURF Trust Series 2005-BC4 (BNY), by assignment recorded with the Clark County

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Recorder as Instrument No. 20090409-0004013.

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3.

On August 15, 2012, BNY, through MERS, recorded an assignment of the deed of

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trust to update the name of the record beneficiary, assigning the deed of trust from BNY to BoNYM

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(fka BNY), by assignment recorded with the Clark County Recorder as Instrument No. 20120815-

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0003020.1

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4.

After initiation of the current litigation, and during the stay of this case, a corrective

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assignment of deed of trust was recorded against the property on March 21, 2018, with the Clark

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County Recorder as Instrument No. 20180321-0003458, assigning the deed of trust from BoNYM to

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Bank of America, N.A. (BANA).

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...

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...

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The HOA foreclosure sale held May 13, 2013, occurred while current plaintiff BoNYM was record
beneficiary.
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Case 2:15-cv-01178-RFB-NJK Document 80 Filed 07/30/19 Page 3 of 3

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5.

BANA assigned the deed of trust to Nationstar Mortgage LLC (Nationstar), on

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August 16, 2013, as reflected by the assignment of deed of trust recorded against the property with

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the Clark County Recorder as Instrument No. 20130816-0000223.

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6.

Nationstar assigned the deed of trust to CitiBank on March 21, 2018, as reflected by

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the assignment of deed of trust recorded against the property with the Clark County Recorder as

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Instrument No. 20180321-0003459.

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7.

Accordingly, the parties stipulate that CitiBank, as current assignee under the deed of

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trust, should be substituted for BoNYM in this action as plaintiff and counterdefendant.

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DATED July 30th, 2019.
AKERMAN LLP

LEACH KERN GRUCHOW ANDERSON SONG

/s/ Donna M. Wittig
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
DONNA M. WITTIG, ESQ.
Nevada Bar No. 11015
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Ryan D. Hastings
SEAN L. ANDERSON, ESQ.
Nevada Bar No. 7259
RYAN D. HASTING, ESQ.
Nevada Bar No. 12394
2525 Box Canyon Drive
Las Vegas, Nevada 89128

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for The Bank of New York Mellon, f/k/a Attorneys for Riverwalk Homeowners' Association
The Bank of New York Trust Company, National
Association, as Successor in Interest to JPMorgan
Chase Bank, National Association, as Trustee for
the MLMI SURF Series 2005-BC4

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AYON LAW, PLLC

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/s/ Luis A. Ayon
LUIS A. AYON, ESQ.
Nevada Bar No. 9752
8716 Spanish Ridge Avenue, Suite 115
Las Vegas, Nevada 89148

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Attorneys for Jerry Gutzmer

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IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT JUDGE
United States Magistrate Judge

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July 31, 2019

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DATED
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