Cohen v. Bank of America, N.A. et al

Filing 81

ORDER Granting 78 Stipulation of Dismissal. Signed by Chief Judge Gloria M. Navarro on 6/18/17. (Copies have been distributed pursuant to the NEF - MR)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
REX D. GARNER, ESQ.
Nevada Bar No. 9401
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Bank of America, N.A. and Mortgage Electronic Registration Systems, Inc.

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UNITED STATES DISTRICT COURT
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CLARK COUNTY, NEVADA

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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LES COHEN,

Case No.:
Plaintiff,

v.
FRESIA AGUDELO; CUSTOM HOME
LOANS, INC.; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; BANK OF
AMERICA,
N.A.;
COUNTRYWIDE
DOCUMENT
CUSTODY
SERVICES;
MISSION POINTE CONDOMINIUMS; DOES
1-10, inclusive; and ROE CORPORATIONS 110, inclusive,

MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS,
INC.'S
DISCLAIMER OF INTEREST
AND
STIPULATION
DISMISSAL
ELECTRONIC
SYSTEMS, INC.

Defendants.

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and

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FEDERAL
NATIONAL
MORTGAGE
ASSOCIATION; and FEDERAL HOUSING
FINANCE AGENCY, as Conservator of Federal
National Mortgage Association,

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Intervenors.

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2:15-cv-01393-GMN-GWF

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AND
OF

ORDER
OF
MORTGAGE
REGISTRATION

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BANK OF AMERICA, N.A.; FEDERAL
NATIONAL MORTGAGE ASSOCIATION;
FEDERAL HOUSING FINANCE AGENCY, as
Conservator of the Federal National Mortgage
Association,

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Counterclaimants,
v.
LES COHEN,
Counter-Defendant.

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AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Plaintiff Les Cohen (Plaintiff) and Defendant Mortgage Electronic Registration Systems,
Inc. (MERS) stipulate and agree as follows:
1.

WHEREAS, on or about June 20, 2014, non-party DML Investment Group, LLC

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purchased the property commonly known as 10245 South Maryland Parkway #210, Las Vegas,

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Nevada 89123 (the Property) at an HOA foreclosure sale via Instrument No. 0140623-0001986.

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2.

WHEREAS, on or about July 18, 2014, DML Investment Group, LLC conveyed the

Property to Plaintiff via Quitclaim Deed, Instrument No. 20140718-0001115.
3.

WHEREAS, on January 29, 2015, Plaintiff filed a complaint for quiet title against

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Defendants Fresia Agudelo; Custom Home Loans, Inc.; Mortgage Electronic Registration Systems,

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Inc.; Bank of America, N.A.; Countrywide Document Custody Services; Mission Pointe

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Condominiums; Does 1 through 10, inclusive; and Roe Corporations 1 through 10, inclusive.

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4.

WHEREAS, on or about July 22, 2015, Defendants Bank of America, N.A. and

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MERS filed an Answer to Plaintiff's complaint, and Bank of America filed counterclaims against

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Plaintiff.

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5.

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WHEREAS, Plaintiff was informed and believed that MERS may hold an interest in

the Property.
6.

WHEREAS, MERS has reviewed the Complaint and Bank of America's

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Counterclaims and the exhibits thereto and has determined that it, MERS, assigned its interest under

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the Deed of Trust by Corporation Assignment of Deed of Trust recorded on July 11, 2012––nearly

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two years before the HOA sale at issue in this lawsuit and has no present right, title, or interest in the

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subject property.
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9.

WHEREAS, Plaintiff and MERS agree that MERS should be dismissed from this

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WHEREAS, based upon MERS's disclaimer set forth herein, Plaintiff and MERS

action.

agree to bear their own attorneys' fees and costs.
DATED this 9th day of June, 2017.

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THE LAW OFFICE OF MIKE BEEDE, PLLC

AKERMAN LLP

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/s/ Michael N. Beede, Esq.
MICHAEL N. BEEDE, ESQ.
Nevada Bar No. 13068
2470 St. Rose Parkway, Suite 201
Henderson, Nevada 89074

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Attorney for Plaintiff Les Cohen

/s/ Rex D. Garner, Esq.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
REX D. GARNER, ESQ.
Nevada Bar No. 9401
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone: [phone]
Facsimile: [phone]

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Attorneys for Mortgage Electronic Registration
Systems, Inc.

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ORDER
IT IS FURTHER ORDERED that, based upon MERS's disclaimer of any present right,
title, or interest in the subject property as set forth herein, Defendant MERS is dismissed from this
case without prejudice.
IT IS FURTHER ORDERED that Plaintiff Les Cohen and MERS shall bear their own
attorneys' fees and costs.
IT IS SO ORDERED:

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DISTRICT COURT JUDGE
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June 18, 2017

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DATED
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