Nationstar Mortgage LLC v. Sundance Homeowners Association, Inc. et al

Filing 72

ORDER Granting 71 Stipulation and Order of Final Judgment Confirming Existence and Validity of Deed of Trust. Signed by Judge Andrew P. Gordon on 11/25/2019. (Copies have been distributed pursuant to the NEF - MR)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff/Counter-Defendant
Nationstar Mortgage LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AKERMAN LLP

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

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NATIONSTAR MORTGAGE LLC,

Case No.:

2:15-cv-01310-APG-EJY

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Plaintiff,
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vs.

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SUNDANCE
HOMEOWNER'S
ASSOCIATION, INC.; Jackel PROPERTIES,
LLC; DOE INDIVIDUALS I-X, inclusive, and
ROE CORPORATIONS I-X, inclusive,

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STIPULATION AND ORDER OF FINAL
JUDGMENT CONFIRMING EXISTENCE
AND VALIDITY OF DEED OF TRUST

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Defendants.
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JACKEL PROPERTIES, LLC,
Counter-claimant,

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vs.

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NATIONSTAR MORTGAGE LLC,

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Counter-defendant.

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Plaintiff Nationstar Mortgage LLC, Sundance Homeowner's Association, Inc., and Jackel
Properties, LLC, through their counsel of record, stipulate as follows:

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This matter relates to the real property located 1390 Hialeah Drive, #A, Las Vegas,

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Nevada, 89119, APN 162-23-315-057 (the Property). The Property is more specifically described

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as:

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All that certain real property situated in the County of Clark, State of Nevada, described
as follows:

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PARCEL I:

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Unit A in Building Fifteen (15) of SUNDANCE PLACE CONDOMINIUM
APARTMENT HOMES, as shown by map hereinafter referred to.

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PARCEL II:

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An undivided 1/4 interest in and to common area A and undivided 1/148th interest in
the Common Area B. Together with an exclusive easement to use Parking Space
No. 15A of SUNDANCE PLACE CONDOMINIUM APARTMENT HOMES, as the
same is established in the Plan recorded in the Office of the County Recorder of Clark,
County, Nevada in Book 15, Page 13 and the Declaration recorded in the Office of the
Recorder of Clark County, Nevada in Book 15, Page 13 and the Declaration recorded
in the Office of the Recorder of Clark County, Nevada in Official Records Book 283
as Document No. 244362, and as amended in Book 299 as Document No. 258785 on
February 6, 1973.

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PARCEL III:

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AKERMAN LLP

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

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THE FOLLOWING APPURTENANCE EASEMENTS:

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An exclusive and non-exclusive easement for ingress and egress over certain streets
and alleys created in the Declaration of Easements, Rights, Conditions and Restrictions
recorded in Book 285 as Document No. 244362 of Official Records, in the Office of
the County Recorder of Clark County, Nevada and as indicated and delineated relating
to the property platted in Book 15 of Plats, Page 2, as Document No. 222445 and in
Book 15, Page 13, as Document No. 231155, Clark County, Nevada records.

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Assessor's Parcel Number: 162-23-315-057
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2.

Nationstar is the beneficiary of record of a Deed of Trust that encumbers the Property

and was recorded on April 1, 2005, as Document Number 20050401-0003451, in the Official Records
of Clark County, Nevada (the Deed of Trust).
3.

On April 26, 2012, Sundance recorded a trustee's deed upon sale as Document

Number 201204260001870 of the Official Records of Clark County, Nevada (the HOA Foreclosure
Deed), reflecting that Sundance purchased the Property at its foreclosure sale of the Property
conducted on March 14, 2012 (the HOA Sale).

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4.

Sundance subsequently transferred the Property to Jackel by quit claim deed recorded on

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May 1, 2012 with the Clark County Recorder as Instrument No. 201205010002306. Jackel has not

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transferred its interest in the Property and is still the title holder of record.

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5.

On July 10, 2015, Nationstar initiated this action against Jackel, Sundance, and Alessi &

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Koenig, LLC.

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6.

Nationstar, Sundance, and Jackel have entered a confidential settlement agreement in

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which they have settled all claims between them in this case. This stipulation and order applies to the

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matters addressed in this particular case only and has no relevance to any other matter.

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7.

The Deed of Trust survived and was not extinguished in any capacity by the HOA Sale.

AKERMAN LLP

The Deed of Trust remains a valid encumbrance against the Property following the recording of the

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

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HOA Foreclosure Deed and subsequent quit claim deed to Jackel, and Jackel's interest in the Property

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is subject to the Deed of Trust.

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Respectfully submitted, this 25th day of November, 2019.
AKERMAN LLP

LEACH KERN GRUCHOW ANDERSON
& SONG

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By: /s/ Tenesa S. Powell.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

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Attorneys for Nationstar Mortgage LLC

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By: /s/ Ryan D. Hastings
SEAN L. ANDERSON, ESQ.
Nevada Bar No. 7259
RYAN D. HASTINGS, ESQ.
Nevada Bar No. 12394
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Attorneys for Sundance Homeowners
Association, Inc.

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MICHAEL F. BOHN, ESQ., LTD.

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By: /s/ Michael F. Bohn
MICHAEL F. BOHN, ESQ.
Nevada Bar No. 1641
2260 Corporate Circle, Suite 480
Henderson, Nevada 89074

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Attorneys for Jackel Properties, LLC

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.

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ORDER

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Based on the above stipulation between Plaintiff Nationstar Mortgage LLC (Nationstar),

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Sundance Homeowner's Association, Inc. (Sundance), and Jackel Properties, LLC (Jackel), the

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Parties' agreement, and good cause appearing therefore,

Nevada against the real property located at 1390 Hialeah Drive, #A, Las Vegas, Nevada, 89119, APN

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162-23-315-057 (the Property) on April 1, 2005, as Document Number 20050401-0003451, was not

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extinguished, impaired, or otherwise affected by the foreclosure sale of the Property conducted by

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Sundance on March 14, 2012 or the recording of the HOA Foreclosure Deed on April 26, 2012, as

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Document Number 201204260001870 in the Official Records of Clark County, Nevada, or the

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AKERMAN LLP

IT IS ORDERED that the Deed of Trust recorded in the Official Records of Clark County,

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

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execution and recording of the quit claim deed on May 1, 2012 as Instrument No. 201205010002306

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reflecting Sundance's transfer of its interest in the Property to Jackel. Jackel's ownership interest in

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the Property is subject to the Deed of Trust.

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IT IS FURTHER ORDERED that Nationstar shall be entitled to record this STIPULATION

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AND ORDER OF FINAL JUDGMENT CONFIRMING VALIDITY OF DEED OF TRUST in the

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Official Records of Clark County, Nevada in accordance with the rules of the Recorder's Office.

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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.
Dated: this _____ 25, 2019.
DATEDNovember day of ___________________, 2019.

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DISTRICT COURT DISTRICT JUDGE
UNITED STATES JUDGE

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