Nationstar Mortgage, LLC v. RAM LLC et al

Filing 87

ORDER granting 86 Stipulation to Substitute. U.S. Bank National Association, as Trustee for the benefit of Harborview 2005-16 substituted in place of Nationstar Mortgage, LLC. Signed by Magistrate Judge Carl W. Hoffman on 12/4/2018.; (Copies have been distributed pursuant to the NEF - MMM)

Case 2:15-cv-01776-KJD-CWH Document 86 Filed 12/03/18 Page 1 of 3

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
SCOTT R. LACHMAN ESQ.
Nevada Bar No. 12016
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

AKERMAN LLP

UNITED STATES DISTRICT COURT

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1635 VILLAGE CENTER CIRCLE, SUITE 200
Las Vegas, NV 89134
TEL.: [phone] – FAX: [phone]

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DISTRICT OF NEVADA

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Case No.: 2:15-cv-01776-KJD-CWH
NATIONSTAR MORTGAGE LLC,
Plaintiff,

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STIPULATION TO SUBSTITUTE U.S.
BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE BENEFIT OF
HARBORVIEW
2005-16
AS
REAL
PLAINTIFF IN INTEREST

v.

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DESERT SHORES COMMUNITY
ASSOCIATION; RAM LLC; MRT ASSETS,
LLC; DOE INDIVIDUALS I-X, inclusive, and
ROE CORPORATIONS I-X, inclusive,

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Defendants.

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MRT ASSETS, LLC

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Counterclaimant,
v.
NATIONSTAR MORTGAGE LLC; DOE
INDIVIDUALS I-X, INCLUSIVE, AND ROE
CORPORATIONS I-X, INCLUSIVE,

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Counterdefendants.

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Nationstar Mortgage LLC (Nationstar) and MRT Assets, LLC stipulate to substitute U.S.

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Bank National Association, as Trustee for the benefit of Harborview 2005-16 (US Bank) as

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plaintiff/counterdefendant in this matter because US Bank is the real party in interest, based on the

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following:
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46917156;1
47150928;1

Case 2:15-cv-01776-KJD-CWH Document 86 Filed 12/03/18 Page 2 of 3

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1.

Hagob Palikyan (borrower) financed his Las Vegas property with a $311,600 loan

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from Countrywide Home Loans, which loan was secured with a deed of trust recorded against the

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property located at 3001 Treasure Island Road, Las Vegas, NV 89128 (the property) on October

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17, 2005, as Instrument No. 20051017-0003740.

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2.

The senior deed of trust was assigned to U.S. Bank on July 28, 2011.

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3.

The senior deed of trust was then assigned to Nationstar Mortgage LLC via an

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assignment of deed of trust recorded on October 30, 2013, as Instrument No. 20131030-0004341.

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4.

The assignment recorded in 2013 to Nationstar was recorded in error. A discharge of

AKERMAN LLP

assignment was recently recorded on July 23, 2018, as Instrument No. 20180723-0000704. A copy of

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1635 VILLAGE CENTER CIRCLE, SUITE 200
Las Vegas, NV 89134
TEL.: [phone] – FAX: [phone]

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the discharge is attached hereto as Exhibit A. The deed of trust's current beneficiary is US Bank, as it

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was original in 20101 following that correct assignment.

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5.

IT IS STIPULATED that the real party in interest is U.S. Bank National Association,

as Trustee for the benefit of Harborview 2005-16.

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6.

IT IS STIPULATED all claims and defenses previously asserted by Nationstar against

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other parties in this action will be assumed by US Bank, and Nationstar's role in this matter will be

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terminated. No party will be prejudiced by the substitution.
Respectfully submitted, this the 3rd day of December, 2018.

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AKERMAN LLP

MORRIS LAW CENTER

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/s/ Scott R. Lachman
Ariel E. Stern, Esq.
Nevada Bar No. 8276
Scott R. Lachman, Esq.
Nevada Bar No. 12016
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for Nationstar Mortgage, LLC

/s/ Timothy A. Wiseman
Sarah A. Morris, Esq.
Nevada Bar No. 8461
Timothy A. Wiseman, Esq.
Nevada Bar No. 13786
5450 W. Sahara Avenue, Suite 330
Las Vegas, Nevada 89146
Attorneys for MRT Assets, LLC

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
MAGISTRATE JUDGE

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December 4, 2018
DATED: ___________________________

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46917156;1
47150928;1

Case 2:15-cv-01776-KJD-CWH Document 86 Filed 12/03/18 Page 3 of 3

EXHIBITS LIST

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Exhibit A

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Discharge of Assignment

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
Las Vegas, NV 89134
TEL.: [phone] – FAX: [phone]

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46917156;1
47150928;1

Case 2:15-cv-01776-KJD-CWH Document 86-1 Filed 12/03/18 Page 1 of 2

EXHIBIT A
Discharge of Assignment

Case 2:15-cv-01776-KJD-CWH Document 86-1 Filed 12/03/18 Page 2 of 2