PennyMac Loan Services, LLC v. Giavanna Homeowners Association

Filing 46

CONSENT JUDGMENT. PennyMac shall be entitled to record this Stipulation and Order Confirming Validity of Deed of Trust in the Official Records of Clark County, Nevada in accordance with the rules of the Recorder's Office. Signed by Judge James C. Mahan on 10/16/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:15-cv-02072-JCM-CWH Document 45 Filed 10/11/17 Page 1 of 4

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA S. SCATURRO, ESQ.
Nevada Bar No.12488
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for PennyMac Loan Services, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PENNYMAC LOAN SERVICES, LLC

Case No.: 2:15-cv-02072-JCM-CWH

AKERMAN LLP

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

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Plaintiff,
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vs.

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GIAVANNA HOMEOWNERS ASSOCIATION,
DOE INDIVIDUALS I-X, inclusive, and ROE
CORPORATIONS I-X, inclusive,

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STIPULATION AND ORDER OF FINAL
JUDGMENT
CONFIRMING
NONEXTINGUISHMENT OF DEED OF
TRUST

Defendants.
GIAVANNA HOMEOWNERS ASSOCIATION,

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Third party plaintiff,

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vs.

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NEVADA ASSOCIATION SERVICES, INC.,

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Third party defendant.

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Plaintiff PennyMac Loan Services, LLC, by and through its attorneys of record Akerman

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LLP, Defendant/Third-Party Plaintiff Giavanna Homeowners Association, by and through its

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attorneys of record Boyack Orme & Anthony and Nevada Association Services, Inc. by and through

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its counsel Brandon Wood, Esq. hereby stipulate as follows:

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1.

This matter relates to real property located 3525 Discovery Downs Court, North Las

Vegas, Nevada 89081 (the Property). The Property is more specifically described as:

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41782384;1

Case 2:15-cv-02072-JCM-CWH Document 45 Filed 10/11/17 Page 2 of 4

LOT 99, OF FINAL MAP OF RUNVEE HOBART UNIT 1A, AS SHOWN BY
MAP THEREOF ON FILE IN BOOK 124 OF PLATS, PAGE 10, IN THE
OFFICE OF THE COUNTY RECORDED OF CLARK COUNTY, NEVADA;
APN 123-31-111-033

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2.

and was recorded against the Property in the Clark County Recorder's office on March 21, 2008, as
Instrument No. 20080321-0004668 (the Deed of Trust), to secure a promissory note in the original
amount of $236,476.00 executed by Antwane Scott.

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AKERMAN LLP

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

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3.

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On

April

5,

2012,

a

foreclosure

deed

was

recorded

as

Instrument

No. 201204050000673 of the Official Records of Clark County, Nevada (the HOA Foreclosure
Deed), reflecting that Giavanna credit bid on the Property at a foreclosure sale of the Property
conducted on March 30, 2012 (the HOA Sale). Giavanna has not transferred its interest in the
Property and is still the title holder of record.

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

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The parties have entered a confidential settlement agreement in which they have settled

all claims between them in this case. This stipulation and order applies to the matters addressed in
this particular case only and has no relevance to any other matter.
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Case 2:15-cv-02072-JCM-CWH Document 45 Filed 10/11/17 Page 3 of 4

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5.

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

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or the HOA Foreclosure Deed. The Deed of Trust remains a valid encumbrance against the Property

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following the recording of the HOA Foreclosure Deed, and Giavanna's interest in the Property is

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subject to the Deed of Trust.

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Dated: October 10, 2017
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Dated: October 10, 2017

AKERMAN LLP

BOYACK, ORME & ANTHONY

/s/ Tenesa S. Scaturro
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA S. SCATURRO
Nevada Bar No. 12488
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Attorneys for Plaintiff
PennyMac Loan Services, LLC

/s/ Christopher Anthony
CHRISTOPHER ANTHONY
Nevada Bar No. 9748
401 N. Buffalo Drive #202
Las Vegas, Nevada 89145
Attorneys for Defendant/Third-Party Plaintiff
Giavanna Homeowners Association

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AKERMAN LLP

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

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Dated: October 10, 2017
NEVADA ASSOCIATION SERVICES, INC.
/s/ Brandon Wood
BRANDON WOOD, ESQ.
Nevada Bar No.
6224 West Desert Inn Road
Las Vegas, NV 89146
Attorney for Third-Party Defendant
Nevada Association Services, Inc.
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Case 2:15-cv-02072-JCM-CWH Document 45 Filed 10/11/17 Page 4 of 4

PennyMac Loan Services, LLC v. Giavanna Homeowners Association
2:15-cv-02072-JCM-CWH

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ORDER

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

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Nevada against the real property located 3525 Discovery Downs Court, North Las Vegas, Nevada

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89081 on March 21, 2008, as Instrument No. 20080321-0004668 was not extinguished, impaired, or

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otherwise affected by the foreclosure sale of the Property conducted by Giavanna on March 30, 2012

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or the recording of the HOA Foreclosure Deed in the Official Records of Clark County, Nevada, on

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April 5, 2012, as Instrument No. 201204050000673, reflecting that Giavanna acquired the Property

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at the foreclosure sale. Giavanna's ownership interest in the Property is subject to the Deed of Trust.

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AKERMAN LLP

Based on the above stipulation of the parties, and good cause appearing therefore,

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

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IT IS FURTHER ORDERED that PennyMac shall be entitled to record this Stipulation and

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Order Confirming Validity of Deed of Trust in the Official Records of Clark County, Nevada in

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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 _____ day of ___________________, 2017.
16th
October

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DISTRICT COURTDISTRICT JUDGE
UNITED STATES JUDGE

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