Bank of America, N.A., v. The Willows Homeowners' Association, et al

Filing 81

ORDER granting 80 STIPULATION of Dismissal as to The Willows Homeowners' Association with Prejudice. Signed by Judge Gloria M. Navarro on 4/30/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:16-cv-00347-GMN-DJA Document 81 Filed 04/30/20 Page 1 of 3

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DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
HOLLY E. WALKER, ESQ.
Nevada Bar No. 14295
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for plaintiff and counter-defendant
Bank of America, N.A., successor by merger to
BAC Home Loans Servicing, LP fka
Countrywide Home Loans Servicing LP
UNITED STATES DISTRICT COURT

AKERMAN LLP

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

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DISTRICT OF NEVADA

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

Case No.:

STIPULATION AND ORDER DISMISSING
CLAIMS AGAINST THE WILLOWS
HOMEOWNERS' ASSOCIATION

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Plaintiff,
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vs.

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THE WILLOWS HOMEOWNERS'
ASSOCIATION AKA THE WILLOWS HOA;
PREMIER ONE HOLDINGS, INC.; WEISUN
PROPERTY, INC.; and ABSOLUTE
COLLECTION SERVICES, LLC,

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Defendants.
PREMIER ONE HOLDINGS, INC.; WEISUN
PROPERTY, INC.,

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Counterclaimants,
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vs.
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BANK OF AMERICA, N.A., successor by
merger to BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS,

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Counter-defendant.
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52177371;1

2:16-cv-00347-GMN-DJA

AKERMAN LLP

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

Case 2:16-cv-00347-GMN-DJA Document 81 Filed 04/30/20 Page 2 of 3

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Plaintiff and counter-defendant Bank of America, N.A., successor by merger to BAC Home
Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (BANA) and defendant The
Willows Homeowners' Association stipulate as follows:
1.

This matter relates to real property located at 785 Crest Valley Place, Henderson,

Nevada 89011, APN 178-03-513-055 (the property).
2.

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

with the Clark County Recorder on August 28, 2008, as Instrument No. 20080828-0000181 (the
deed of trust), executed by Michael A. Britain, Barbara J. Britain and Tracy L. Baker.
3.

On September 23, 2013, the Willows recorded a trustee's deed upon sale with the

Clark County Recorder, as Instrument No. 201309230001926 (the HOA foreclosure deed),
reflecting that defendant Premier One Holdings, Inc. acquired the property at a foreclosure sale of
the property held on September 17, 2013 (the HOA foreclosure sale).
4.

On February 19, 2016, BANA initiated a quiet title action related to the property in

the United States District Court for the District of Nevada, Case No. 2:16-cv-00347-GMN-DJA (the
quiet title action).
5.

BANA and the Willows 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, the Willows agrees it no longer has

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

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disclaimer of interest does not apply to the continuing encumbrance of the Willows' declaration of

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covenants, conditions and restrictions, any governing documents adopted thereunder, easements,

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servitudes, or other interests on the property. The Willows agrees it will take no position in this

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action or in any subsequent action regarding whether the deed of trust survived the HOA foreclosure

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sale.

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extinguished by the HOA foreclosure sale.

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The parties agree that as between BANA and the Willows, the deed of trust was not

7.

Among other things in the agreement, BANA and the Willows agree that BANA does

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not waive its right to seek relief against the non-settling parties, including but not limited to Premier,

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defendant Weisun Property, Inc. or defendant Absolute Collection Services, LLC related to its
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52177371;1

AKERMAN LLP

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

Case 2:16-cv-00347-GMN-DJA Document 81 Filed 04/30/20 Page 3 of 3

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remaining claims in the quiet title action. BANA does not admit the deed of trust was extinguished,
and any consideration exchanged in exchange for the dismissal of the claims against the Willows is
not intended to be compensation for any loss of the deed of trust, but instead compensates for fees
and costs BANA incurred litigating the propriety and effect of the Willows' sale and related conduct.
8.

BANA and the Willows further stipulate and agree all claims between them are

dismissed with prejudice, with each party to bear its own attorney's fees and costs.
DATED: April 28, 2020.
AKERMAN LLP

BOYACK ORME & ANTHONY

/s/ Holly E. Walker, Esq.
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
HOLLY E. WALKER, ESQ.
Nevada Bar No. 14295
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Christopher B. Anthony, Esq.
EDWARD D. BOYACK, ESQ.
Nevada Bar No. 5229
CHRISTOPHER B. ANTHONY, ESQ.
Nevada Bar No. 9748
7432 W. Sahara Avenue, Suite 101
Las Vegas, Nevada 89117

Attorneys for plaintiff and counter-defendant Attorneys for defendant
Bank of America, N.A., successor by merger to Homeowners' Association
BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP

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the

Willows

IT IS SO ORDERED.

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_________________________________________
Gloria M. Navarro, District Judge
UNITED STATES DISTRICT COURT
Case No.:
2:16-cv-00347-GMN-DJA

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DATED this ____ day of April, 2020.

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