Bank of America, N.A. v. Park Avenue Homeowners' Association, et al.

Filing 46

ORDER Granting 45 Stipulation of Final Judgment and Quiet Title. IT IS FURTHER ORDERED that all claims in this case are dismissed with prejudice, each side to bear its own attorney fees and costs. This is the final judgment of this Court. Signed by Judge James C. Mahan on 2/8/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00338-JCM-NJK Document 45 Filed 02/06/18 Page 1 of 5

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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, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
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

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

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BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING LP,

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Case No: 2:16-cv-00338-JCM-NJK
STIPULATION AND ORDER OF FINAL
JUDGMENT AND QUIET TITLE

Plaintiff,
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vs.
PARK AVENUE HOMEOWNERS'
ASSOCIATION; and RED ROCK FINANCIAL
SERVICES, LLC,

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Defendants.

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Plaintiff Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA

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Countrywide Home Loans Servicing, LP (BANA) and defendants Park Avenue Homeowners

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Association (Park Avenue) and Red Rock Financial Services, LLC (Red Rock), stipulate as follows:

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1.

This matter relates to real property located 35 E. Agate Avenue, Unit # 307, Las Vegas,

Nevada 89123, APN 177-21-219-190 (the Property). The property is more specifically described as:

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PARCEL I:

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ONE (1) ALLOCATED INTEREST (EXCEPT ASSOCIATION PROPERTY) AS TENANT
IN COMMON IN THE COMMON ELEMENTS WITHIN PHASE 3 OF PARK AVENUE
CONDOMINIUMS UNIT 3 AS SHOWN BY MAP THEREOF ON FILE IN BOOK 110 OF
PLATS, PAGE 58, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK
COUNTY, NEVADA, AS PHASES ARE ANNEXED, THE ALLOCATED INTEREST FOR
EACH UNIT WILL BE A FRACTION, THE NUMERATOR OF WHICH WILL BE ONE
(1), AND THE DENOMINATOR, OF WHICH WILL BE THE TOTAL OF ALL UNITS IN
ALL PHASES THAT BECOME SUBJECT TO THE DECLARATION.

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APN 177-21-219-190
41552182;1

Case 2:16-cv-00338-JCM-NJK Document 45 Filed 02/06/18 Page 2 of 5

EXCEPTING THEREFROM ALL LIVING UNITS AND ASSOCIATION PROPERTY IN
PHASE 3 OF PARK AVENUE CONDOMINIUMS UNIT 3

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AND RESERVING THEREFROM THE RIGHT OT POSSESSION OF ALL THOSE
AREAS DESIGNATED AS LIMITED COMMON ELEMENTS AS SHOWN UPON THE
PLAT REFERRED TO ABOVE.

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AND FURTHER RESERVING THEREFROM FOR THE BENEFIT OF THE OWNERS OF
CONDOMINIUMS IN SUBSEQUENT PHASES, NON-EXCLUSIVE EASEMENT ON
OVER AND ACROSS THE ASSOCIATION AREAS AS DEFINED AND SHOWN UPON
THE PLAT REFERRED TO ABOVE FOR INGRESS, EGRESS AND RECREATIONAL
USE, SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR PARK AVENUE CONDOMINIUMS A COMMON INTEREST
CONDOMINIUM DEVELOPMENT RECORDED AUGUST 3, 2001 IN BOOK 20010803
AS DOCUMENT NO 00962 AS THE SAME MAY FROM TIME TO TIME BE AMENDED
AND/OR SUPPLEMENTED TO WHICH REFERENCE IS HEREAFTER MADE.

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AKERMAN LLP

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

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PARCEL II:

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LIVING UNIT 307 IN BUILDING 6 OF PARK AVENUE CONDOMINIUMS UNIT 3 AS
SHOWN BY MAP THEREOF ON FILE IN BOOK 110 OF PLATS, PAGE 58 AND AS
SHOWN BY AMENDED PLAT OF A PORTION OF "PARK AVENUE CONDOMINIUMS
– UNIT 3" ON FILE IN BOOK 116 OF PLATS, PAGE 100 IN THE OFFICE OF THE
COUNTY RECORDER OR CLARK COUNTY, NEVADA.

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PARCEL III:

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THE EXCLUSIVE RIGHT TO USE, POSSESSION AND OCCUPANCY OF THOSE
PORTIONS OF THE LIMITED COMMON ELEMENTS DESCRIBED IN SECTION 2.3 OF
THE COVENANTS, CONDITIONS, AND RESTRICTIONS, AND DEPICTED AS
GARAGE SPACE G49 WHICH ARE APPURTENANT TO AND FOR THE EXCLUSIVE
USE OF PARCEL TWO.
PARCEL IV:

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A NON-EXCLUSIVE EASEMENT ON AND OVER THE ASSOCIATION PROPERTY (AS
DEFINED IN THE DECLARATION) FOR ACCESS, USE, OCCUPANCY, ENJOYMENT,
INGRESS, EGRESS AND USE OF THE AMENITIES LOCATED THEREON, SUBJECT
TO THE TERMS AND PROVISION OF THE DECLARATIONS, THIS EASEMENT IS
APPURTENANT TO PARCEL ONE (1) TWO (2) AND THREE (3) ABOVE DESCRIBED.

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APN: 177-21-219-190
2.

BANA is the beneficiary of record of a Deed of Trust that encumbers the Property and

was recorded on February 9, 2006, as Document Number 20060209-0002956 in the Official Records
of Clark County, Nevada (the Deed of Trust).

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APN 177-21-219-190
41552182;1

Case 2:16-cv-00338-JCM-NJK Document 45 Filed 02/06/18 Page 3 of 5

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3.

On September 10, 2012, Park Avenue recorded a Foreclosure Deed as Document Number

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20120910-0000474 of the Official Records of Clark County, Nevada (the HOA Foreclosure Deed),

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reflecting that Park Avenue purchased the Property at a foreclosure sale of the Property held

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September 5, 2012 (the HOA Sale).

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4.

On February 18, 2016, BANA initiated a quiet title action against Park Avenue and Red

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Rock in the United States District Court, District of Nevada, Case No. 2:16-cv-00338-JCM-VCF (the

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Quiet Title Action).

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5.

have settled all claims between them in this case.

AKERMAN LLP

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

BANA and Park Avenue have entered a confidential settlement agreement in which they

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Among other things, Park Avenue has transferred any and all interest it acquired as a

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result of the HOA Sale and HOA Foreclosure Deed to BANA, as reflected by the quit-claim deed

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attached hereto as Exhibit A.

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APN 177-21-219-190
41552182;1

Case 2:16-cv-00338-JCM-NJK Document 45 Filed 02/06/18 Page 4 of 5

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7.

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favor. Park Avenue and Red Rock disclaim all right, title, or interest in the Property as a result of the

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HOA Sale and the HOA Foreclosure Deed.

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Dated: February 6, 2018.

Dated: February 6, 2018.

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AKERMAN LLP

KOCH & SCOW LLC

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/s/ Jamie K. Combs
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Cir. Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

/s/ Steven B. Scow
DAVID R. KOCH, ESQ.
Nevada Bar No. 8803
STEVEN B. SCOW, ESQ.
Nevada Bar No. 9906
Brody R. Wight, Esq.
Nevada Bar No. 13615
11500 South Eastern Avenue, Suite 210
Henderson, NV 89052

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AKERMAN LLP

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

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Among other things, the parties agree that title to the Property is quieted in BANA's

Attorneys for Defendant Red Rock
Financial Services, LLC

Attorneys for Plaintiff Bank of America, N.A.

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Dated: February 6, 2018.
PENGILLY LAW FIRM

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/s/_Elizabeth B. Lowell_________
JAMES W. PENGILLY, ESQ.
Nevada Bar No. 6085
ELIZABETH B. LOWELL, ESQ.
Nevada Bar No. 8552
1995 Village Center Cir., Suite 190
Las Vegas, NV 89134

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Attorney for Defendant Park Avenue
Homeowners Association

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APN 177-21-219-190
41552182;1

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Case 2:16-cv-00338-JCM-NJK Document 45 Filed 02/06/18 Page 5 of 5

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ORDER

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Based on the above stipulation between plaintiff Bank of America, N.A., successor by merger

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to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP (BANA) and

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Defendants Park Avenue Homeowners Association (Park Avenue) and Red Rock Financial Services,

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LLC (Red Rock), the Parties' agreement, and good cause appearing therefore,

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IT IS ORDERED that title to the real property located 35 E. Agate Avenue, Unit # 307, Las
Vegas, Nevada 89123, APN 177-21-219-190 (the Property) is quieted in favor of BANA.

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IT IS FURTHER ORDERED that all claims in this case are dismissed with prejudice, each
side to bear its own attorney fees and costs. This is the final judgment of this Court.

AKERMAN LLP

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

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IT IS SO ORDERED.

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_____________________________________________
UNITED STATES DISTRICT COURT JUDGE

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February 8, 2018
DATED: _________________________________

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APN 177-21-219-190
41552182;1