Bank of America, N.A. v. Solera at Stallion Mountain Unit Owners' Association et al

Filing 73

ORDER Granting 72 Stipulation of Dismissal with prejudice. Signed by Judge Gloria M. Navarro on 7/27/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-00286-GMN-GWF Document 73 Filed 07/27/20 Page 1 of 3

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JAMIE K.COMBS, ESQ.
Nevada Bar No. 13088
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: melanie.morgan @akerman.com
Email: [e-mail]

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Attorneys for Bank of America, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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BANK OF AMERICA, N.A.;

Case No.: 2:16-cv-00286-GMN-GWF

Plaintiff,

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v.

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SOLERA AT STALLION MOUNTAIN UNIT
OWNERS' ASSOCIATION; UNDERWOOD
PARTNERS, LLC; NV EAGLES, LLC; and
NEVADA ASSOCIATION SERVICES, INC.

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Defendants.
NV EAGLES, LLC,

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Counterclaimant,

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v.

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BANK OF AMERICA, N.A,

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Counterdefendant.
NV EAGLES, LLC,

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Third-Party Plaintiff,
v.
CATHERINE T. SAMOSKA, FEDERAL
HOUSING ADMINISTRATION, an agency of
the UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT,
Third-Party Defendant.

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STIPULATION
AND
ORDER
DISMISSING
CLAIMS
AGAINST
SOLERA AT STALLION MOUNTAIN
UNIT OWNERS' ASSOCIATION

Case 2:16-cv-00286-GMN-GWF Document 73 Filed 07/27/20 Page 2 of 3

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Plaintiff and counter-defendant Bank of America, N.A., successor by merger to BAC Home

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Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (BANA) and defendant Solera at

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Stallion Mountain Unit Owners' Association (Solera) stipulate as follows:

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1.

This matter relates to real property located at 6061 Fox Creek Avenue, Las Vegas,

Nevada 89122, APN 161-15-212-164 (the property).

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2.

BANA is the beneficiary of record of a deed of trust recorded against the property

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with the Clark County Recorder on August 27, 2007, as Instrument No. 20070827-0003076 (the

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deed of trust), executed by Catherine T. Samoska.

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3.

On May 21, 2013, Solera recorded a foreclosure deed with the Clark County

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Recorder, as Instrument No. 201305210001959 (the HOA foreclosure deed), reflecting that

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defendant Underwood Partners, LLC acquired the property at a foreclosure sale of the property held

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on April 19, 2013 (the HOA foreclosure sale). On October 18, 2013, Underwood transferred its

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interest in the property to defendant NV Eagles, LLC by grant, bargain, and sale deed recorded with

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the Clark County Recorder as Instrument No. 201310180001176.

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4.

the United States District Court for the District of Nevada, Case No. 2:16-cv-00286-GMN-GWF.

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On February 12, 2016, BANA initiated a quiet title action related to the property in

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BANA and Solera have entered into a confidential settlement agreement in which

they have settled all claims between them in this case.

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6.

Among other things in the settlement agreement, Solera agrees it no longer has an

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interest in the property for purposes of the quiet title action vis a vis the deed of trust. This disclaimer

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of interest does not apply to the continuing encumbrance of Solera's declaration of covenants,

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conditions and restrictions, any governing documents adopted thereunder, easements, servitudes, or

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other interests on the property. Solera agrees it will take no position in this action or in any

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subsequent action regarding whether the deed of trust survived the HOA foreclosure sale. The

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parties agree that as between BANA and Solera, the deed of trust was not extinguished by the HOA

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foreclosure sale.

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7.

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Among other things in the agreement, BANA and Solera agree that BANA does not

waive its right to seek relief against the non-settling parties, including but not limited to Underwood
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Case 2:16-cv-00286-GMN-GWF Document 73 Filed 07/27/20 Page 3 of 3

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Partners, LLC, NV Eagles, LLC, and defendant Nevada Association Services, Inc. related to its

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remaining claims in the quiet title action. BANA does not admit the deed of trust was extinguished,

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and any consideration exchanged in exchange for the dismissal of the claims against Solera is not

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intended to be compensation for any loss of the deed of trust, but instead compensates for fees and

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costs BANA incurred litigating the propriety and effect of Solera' sale and related conduct.

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with prejudice, with each party to bear its own attorney's fees and costs.

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BANA and Solera further stipulate and agree all claims between them are dismissed

DATED: July 23, 2020.
AKERMAN LLP

LIPSON NEILSON, PC

/s/ Jamie K. Combs
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/S/ David T. Ochoa
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
DAVID T. OCHOA, ESQ.
Nevada Bar No. 10414
7432 W. Sahara Avenue, Suite 101
Las Vegas, Nevada 89117

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for plaintiff and counter-defendant Attorneys for defendant Solera at Stallion
Bank of America, N.A.
Mountain Unit Owners' Association

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IT IS SO ORDERED.

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Dated this _____ day of July, 2020.

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____________________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT

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