The Bank of New York Mellon v. Montagne Marron Community Association et al

Filing 32

ORDER Granting 30 Stipulation of Final Judgment Confirming Existence and Validity of Deed of Trust. The Clerk of Court is directed to ENTER JUDGMENT ACCORDINGLY and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 3/7/2018. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-00360-JAD-PAL Document 30 Filed 03/06/18 Page 1 of 4

1
2
3
4
5
6
7
8
9

DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
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 The Bank of New York
Mellon FKA The Bank of New York as Trustee
for the Certificate Holders CWALT, Inc.
Alternative Loan Trust 2005-45 Mortgage PassThrough Certificates, Series 2005-45

AKERMAN LLP

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

10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12
13
14
15

THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATE HOLDERS CWALT,
INC. ALTERNATIVE LOAN TRUST 2005-45
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2005-45,
Plaintiff,

16
17

STIPULATION AND ORDER OF FINAL
JUDGMENT CONFIRMING EXISTENCE
AND VALIDITY OF DEED OF TRUST
ECF No. 30

v.

18

Case No. 2:16-cv-00360-JAD-PAL

MONTAGNE
MARRON
COMMUNITY
ASSOCIATION; and ALESSI & KOENIG ,
LLC,

19

Defendants.

20
21
22

Plaintiff The Bank of New York Mellon FKA The Bank of New York as Trustee for the

23

Certificate Holders CWALT, Inc. Alternative Loan Trust 2005-45 Mortgage Pass-Through

24

Certificates, Series 2005-45 (BNYM) and defendant Montagne Marron Community Association

25

(Montagne Marron) through their counsel of record, stipulate as follows:

26
27

1.

This matter relates to real property located 10962 Ampus Place, Las Vegas, Nevada

89141, APN 176-36-313-030 (the "Property"). The Property is more specifically described as:

28
38628338;1 APN 176-36-313-030

Case 2:16-cv-00360-JAD-PAL Document 30 Filed 03/06/18 Page 2 of 4

PARCEL I

1

LOT ONE HUNDRED TWENTY-TWO (122) IN BLOCK ONE (1) OF
MONTAGNE MARRON AT SOUTHERN HIGHLANDS PHASE — 2B
AS SHOWN BY MAP THEREOF ON FILE IN BOOK 94 OF PLATS,
PAGE 24, AND AMENDED BY THAT CERTIFICATE OF
AMENDMENT RECORDED MAY 15, 2000 IN BOOK 20000515 AS
DOCUMENT NO. 00624, AND JUNE 28, 2000 IN BOOK 20000628 AS
DOCUMENT NO. 01023 IN THE OFFICE OF THE COUNTY
RECORDER OF CLARK COUNTY, NEVADA.

2
3
4
5
6

PARCEL II

7

11

A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, AND
ENJOYMENT UPON AND OVER THAT PORTION OF SAID
SUBDIVISION DELINEATED ON THE PLAT AS "PRIVATE STREET
AND P.U.E. AND COMMON ELEMENT LOTS" AND FURTHER
DESCRIBED IN THE COVENANTS, CONDITIONS AND
RESTRICTION RECORDED MAY 18, 2000 IN BOOK 20000518 AS
DOCUMENT NO. 00972 OF OFFICIAL RECORDS, IN THE OFFICE
OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

12

APN: 176-36-313-030

8
9

AKERMAN LLP

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

10

13

2.

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

14

was recorded on June 21, 2005, as Document Number 20050621-0005124 in the Official Records of

15

Clark County, Nevada (the "Deed of Trust").

16

3.

On February 6, 2012, Montagne Marron recorded a Trustee’s Deed Upon Sale as

17

Instrument Number 20120206-0001213 of the Official Records of Clark County, Nevada (the "HOA

18

Foreclosure Deed"), reflecting that Montagne Marron purchased the Property at a foreclosure sale of

19

the Property held February 1, 2011 (the "HOA Sale").

20

4.

On February 23, 2016, BNYM initiated an action for quiet title and damages against

21

Montagne Marron and Alessi & Koenig, LLC (Alessi) in the United States District Court, District of

22

Nevada, Case No. 2:16-cv-00360-JAD-PAL (the "Quiet Title Action").

23
24
25

5.

The Parties have entered a settlement agreement in which BNYM has resolved all

claims against Montagne Marron and Alessi.
6.

The parties agree as part of their settlement agreement, and the Court incorporates that

26

agreement and its provision, that the Deed of Trust survived and was not extinguished in any

27

capacity by the HOA Sale or the recording of the HOA Foreclosure Deed. The Deed of Trust

28
38628338;1 APN 176-36-313-030

2

Case 2:16-cv-00360-JAD-PAL Document 30 Filed 03/06/18 Page 3 of 4

1

remains a valid encumbrance against the Property following the recording of the HOA Foreclosure

2

Deed, and its interest in the Property following the HOA Sale was subject to the Deed of Trust.

3

DATED this 6th day of March, 2018.

4
5
6
7
8
9

AKERMAN LLP

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

10
11
12
13

AKERMAN LLP

BOYACK BECK & TAYLOR

/s/ William S. Habdas
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Colli McKiever
EDWARD D BOYACK, ESQ.
Nevada Bar No. 5229
COLLI MCKIEVER, ESQ.
Nevada Bar No. 13724
401 N. Buffalo Drive, Suite #202
Las Vegas, NV 89145

Attorneys for The Bank of New York Mellon Attorneys for Montagne Marron Community
FKA The Bank of New York as Trustee for the Association
Certificate Holders CWALT, Inc. Alternative
Loan Trust 2005-45 Mortgage Pass-Through
Certificates, Series 2005-45
ORDER

14
15

Based on the above stipulation between The Bank of New York Mellon FKA The Bank of

16

New York as Trustee for the Certificate Holders CWALT, Inc. Alternative Loan Trust 2005-45

17

Mortgage Pass-Through Certificates, Series 2005-45 (BNYM) and defendant Montagne Marron

18

Community Association (Montagne Marron), the Parties' agreement, and good cause appearing

19

therefore,

20

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

21

Nevada against the real property located 10962 Ampus Place, Las Vegas, Nevada 89141, APN 176-

22

36-313-030 (the "Property") on June 21, 2005, as Document Number 20050621-0005124 was not

23

extinguished, impaired, or otherwise affected by the foreclosure sale conducted by Montagne

24

Marron on February 1, 2011 or the recording of the Foreclosure Deed in the Official Records of

25

Clark County, Nevada, on February 6, 2012, as Document Number 20120206-0001213, reflecting

26

that Montagne Marron purchased the Property at the foreclosure sale. Montagne Marrron’s interest

27

in the Property after the foreclosure sale was subject to the Deed of Trust.

28
38628338;1 APN 176-36-313-030

3

Case 2:16-cv-00360-JAD-PAL Document 30 Filed 03/06/18 Page 4 of 4

1

IT IS FURTHER ORDERED that BNYM shall be entitled to record this STIPULATION

2

AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED

3

OF TRUST in the Official Records of Clark County, Nevada in accordance with the rules of the

4

Recorder's Office.

5
6
7
8

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 of Court is directed to ENTER JUDGMENT ACCORDINGLY and CLOSE THIS
The Clerk this _____ day of ____________________, 2018.
CASE.

9

DISTRICT COURT JUDGE
____________________________
_______________ _ _
__ ____ _ __
_
______
_
U.S. District Judge Jennifer Dorsey
District Judge Jennifer
st
str t
e if
f
March 7 2018
h 7,

AKERMAN LLP

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

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
38628338;1 APN 176-36-313-030

4