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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1 6 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: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: rex.garner@akerman.com 7 Attorneys for Bank of America, N.A. and Mortgage Electronic Registration Systems, Inc. 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 CLARK COUNTY, NEVADA AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 13 14 15 16 17 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. 18 19 and 20 FEDERAL NATIONAL MORTGAGE ASSOCIATION; and FEDERAL HOUSING FINANCE AGENCY, as Conservator of Federal National Mortgage Association, 21 22 Intervenors. 23 24 25 26 27 28 2:15-cv-01393-GMN-GWF 1 AND OF ORDER OF MORTGAGE REGISTRATION 1 2 3 BANK OF AMERICA, N.A.; FEDERAL NATIONAL MORTGAGE ASSOCIATION; FEDERAL HOUSING FINANCE AGENCY, as Conservator of the Federal National Mortgage Association, 4 5 6 Counterclaimants, v. LES COHEN, Counter-Defendant. 7 8 9 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 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 11 purchased the property commonly known as 10245 South Maryland Parkway #210, Las Vegas, 12 Nevada 89123 (the Property) at an HOA foreclosure sale via Instrument No. 0140623-0001986. 13 14 15 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 16 Defendants Fresia Agudelo; Custom Home Loans, Inc.; Mortgage Electronic Registration Systems, 17 Inc.; Bank of America, N.A.; Countrywide Document Custody Services; Mission Pointe 18 Condominiums; Does 1 through 10, inclusive; and Roe Corporations 1 through 10, inclusive. 19 4. WHEREAS, on or about July 22, 2015, Defendants Bank of America, N.A. and 20 MERS filed an Answer to Plaintiff's complaint, and Bank of America filed counterclaims against 21 Plaintiff. 22 5. 23 24 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 25 Counterclaims and the exhibits thereto and has determined that it, MERS, assigned its interest under 26 the Deed of Trust by Corporation Assignment of Deed of Trust recorded on July 11, 2012––nearly 27 two years before the HOA sale at issue in this lawsuit and has no present right, title, or interest in the 28 subject property. 2 1 2 3 4 5 9. WHEREAS, Plaintiff and MERS agree that MERS should be dismissed from this 10. 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. 6 7 THE LAW OFFICE OF MIKE BEEDE, PLLC AKERMAN LLP 8 10 /s/ Michael N. Beede, Esq. MICHAEL N. BEEDE, ESQ. Nevada Bar No. 13068 2470 St. Rose Parkway, Suite 201 Henderson, Nevada 89074 11 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: (702) 634-5000 Facsimile: (702) 380-8572 AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 12 13 Attorneys for Mortgage Electronic Registration Systems, Inc. 14 15 16 17 18 19 20 21 22 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: 23 24 25 DISTRICT COURT JUDGE 26 June 18, 2017 27 DATED 28 3

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