United States of America v. Shaw et al

Filing 20

ORDER re 14 Stipulation of Agreement. Signed by Judge Kent J. Dawson on 4/25/16. (Copies have been distributed pursuant to the NEF - TR)

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SAO
GREGORY L. WILDE, ESQ.
Nevada Bar No. 4417
TIFFANY & BOSCO, P.A.
212 S. Jones Blvd.
Las Vegas, Nevada 89107
Tel [phone]
Fax [phone]
Attorney for Defendant
SPECIALIZED LOAN SERVICING, LLC.
TB # 16-71150

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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TIFFANY & BOSCO, P.A.
212 S. Jones Blvd.
Las Vegas, NV 89107
Tel [phone] Fax [phone]

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Case No.: 2:16-CV-0220

UNITED STATES OF AMERICA
Plaintiff,
v.
ROBERT C. SHAW, ROSE O. SHAW,
SAINT ANDREWS IVY, B.T.,
SPECIALIZED LOAN SERVICING, LLC
CLARK COUNTY, NEVADA, and
AMERICAN EXPRESS CENTURION
BANK,

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Defendant(s).

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ORDER RE: DEFENDANT SPECIALIZED
LOAN SERVCING, LLC.

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It is hereby Stipulated and Agreed, by and between Plaintiff and Defendant

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SPECIALIZED LOAN SERVICING, LLC., (hereinafter “SECURED LENDER”), by

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and through their respective counsel, as follows:

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1.

This matter concerns real property located at 638 Saint Andrews Road,

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Henderson, NV 89015 (hereinafter the “Subject Property”).

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2.

SECURED LENDER is the holder of a beneficial interest in the Subject

Property by virtue of that certain deed of trust dated recorded on or about September 25,
2003, (hereinafter the “Deed of Trust”), as Book and Instrument No. 20030925.05283 in

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the Official Records of the Clark County Recorder’s Office (hereinafter the “Official
Records”).
3.

The Deed of Trust secures a certain note (hereinafter the “Note”) executed

by borrower Defendant Richard C. Shaw in the original principal amount of $169,000.00,
which was loaned against the subject property.

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4.

Plaintiff asserts that it is owed money from the Defendants arising from

TIFFANY & BOSCO, P.A.
212 S. Jones Blvd.
Las Vegas, NV 89107
Tel [phone] Fax [phone]

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federal tax liens, which encumber the Subject Property, as more fully detailed in the

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Amended Complaint filed on or about February 29, 2016, Docket #11.

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5.

In the interest of avoiding unnecessary attorney’s fees and court costs,

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Defendant SECURED LENDER agrees not to contest this matter or any foreclosure sale

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of the Subject Property by the Plaintiff. However, Defendant SECURED LENDER

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reserves all of its rights to effectuate collection of the amount owed on the underlying

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debt which it is owed by the Borrower Defendant Richard C. Shaw personally, which

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may include foreclosure.

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6.

Plaintiff agrees that the security interest of Defendant SECURED

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LENDER is superior to those interests of Plaintiff as more fully detailed in the Amended

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Complaint filed on or about February 29, 2016, Docket #11.

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7.

Defendant SECURED LENDER will take no further action against the

Subject Property during the pendency of this action, or until further order of this Court in

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the event this matter is unreasonably delayed, and Defendant SECURED LENDER is no
longer required to participate in this action, except that Defendant SECURED LENDER
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will respond to reasonable discovery requests served on its undersigned counsel. Subject

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to terms of this pleading, Defendant SECURED LENDER agrees to be bound by any

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Court order, ruling, or judgment in this matter.

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8.

Additionally, Defendant SECURED LENDER is not subject to any award

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of damages, court costs, or attorney’s fees so long as it complies with the terms of this

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Stipulation.

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Dated this 15th day of April, 2016.

Dated this 15th day of April, 2016.

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TIFFANY & BOSCO, P.A.

U.S. DEPARTMENT OF JUSTICE

/s/ Gregory L. Wilde
___________________________
GREGORY L. WILDE, ESQ.
Nevada Bar No. 4417
212 S. Jones Boulevard
Las Vegas, NV 89107
Attorney for Defendant
Specialized Loan Servicing, LLC.

/s/ Dylan C. Cerling
_____________________________
DYLAN C. CERLING, ESQ.
Trial Attorney, Tax Division
P.O. Box 683
Washington, D.C. 20044
Attorney for Plaintiff

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TIFFANY & BOSCO, P.A.
212 S. Jones Blvd.
Las Vegas, NV 89107
Tel [phone] Fax [phone]

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ORDER
IT IS SO ORDERED this 25th day of April, 2016.

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_______________________
DISTRICT COURT JUDGE
KENT J. DAWSON

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Submitted by:
TIFFANY & BOSCO, P.A.

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/s/ Gregory L. Wilde
___________________________
GREGORY L. WILDE, ESQ.
Nevada Bar No. 4417
212 S. Jones Boulevard
Las Vegas, NV 89107
Attorney for Defendant
Specialized Loan Servicing, LLC.
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