Bank of New York Mellon v. Castle Bay Shore Village of Los Prados Homeowners Association et al

Filing 54

ORDER granting 53 Stipulation re Final Judgment Confirming Existence and Validity of Deed of Trust. 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. Signed by Judge James C. Mahan on 12/7/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-00416-JCM-GWF Document 53 Filed 12/03/18 Page 1 of 4

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff The Bank of New York Mellon fka The Bank of New
York as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed
Certificates, Series 2005-3

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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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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
CWABS
INC.,
ASSET-BACKED
CERTIFICATES, SERIES 2005-3,
Plaintiff,

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vs.

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CASTLE BAY SHORE VILLAGE OF LOS
PRADOS HOMEOWNERS ASSOCIATION
A/K/A CASTLE BAY SHORE COMMUNITY
ASSOCIATION,
INC.;
NEVADA
ASSOCIATION SERVICES, INC.; AND
NEVADA NEW BUILDS, LLC,

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Defendants.

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NEVADA NEW BUILDS, LLC,

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Counterclaimant,

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vs.

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
CWABS
INC.,
ASSET-BACKED
CERTIFICATES, SERIES 2005-3,

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Counterdefendant.

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APN 125-36-411-078
42659275;1

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Case No.: 2:16-cv-00416-JCM-GWF

STIPULATION AND ORDER OF FINAL
JUDGMENT CONFIRMING EXISTENCE
AND VALIDITY OF DEED OF TRUST

Case 2:16-cv-00416-JCM-GWF Document 53 Filed 12/03/18 Page 2 of 4

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Plaintiff The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the

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Certificateholders CWALT, Inc., Alternative Loan Trust 2006--6CB, Mortgage Pass-Through

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Certificates, Series 2006-6CB (BNY Mellon) and defendants Castle Bay Shore Village of Los

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Prados Homeowners Association (Castle Bay), Nevada New Builds, LLC (NNB), and Nevada

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Association Services, Inc,. (NAS), through their counsel of record, stipulate as follows:

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1.

This matter relates to real property located 4913 Ocean Shores Way, Las Vegas,

Nevada, APN 125-36-411-078 (the Property). The Property is more specifically described as:

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Parcel I:

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Lot Ten (10) in Block Six (6) of LOS PRADOS PHASE 1-UNIT 1, as shown on the
map thereof on file in Book 34 of Plats, page 1 in the Office of the County Recorder
of Clark County, Nevada and as amended by Certificate of Amendment Recorded
February 12, 1986 in Book 860212 of Official Records as Document No. 00507.

AKERMAN LLP

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

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Parcel II:

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A non-exclusive easement for the benefit of and appurtenant to the above described
lots for ingress, egress, and utility purposes over all streets and roadways as shown by
the map thereof in Book 34 of Plats, page 1, in the Office of the County Recorder of
Clark County, Nevada.

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2.

BNY Mellon the beneficiary of record of a Deed of Trust that encumbers the Property

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and was recorded on March 4, 2005, as Document Number 20050304-0000988, in the Official

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

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3.

On September 16, 2013, Castle Bay recorded a Foreclosure Deed as Document

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Number 201309160002024 of the Official Records of Clark County, Nevada (the HOA Foreclosure

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Deed), reflecting that NNB purchased the Property at Castle Bay's foreclosure sale of the Property

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conducted on September 13, 2013 (the HOA Sale). NNB has not transferred its interest in the

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Property and is still the title holder of record.

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4.

On February 29, 2016, BNY Mellon initiated a quiet title action against NNB, Castle

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Bay, and NAS in the United States District Court, District of Nevada, Case No. 2:16-cv-00416-JCM-

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GWE (the Quiet Title Action).

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5.

BNY Mellon, Castle Bay, NNB, and NAS have entered a confidential settlement

agreement in which they have settled all claims between them in this case. This stipulation and
APN 125-36-411-078
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42659275;1

Case 2:16-cv-00416-JCM-GWF Document 53 Filed 12/03/18 Page 3 of 4

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order applies to the matters addressed in this particular case only and has no relevance to any other

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matter.

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6.

The Deed of Trust survived and was not extinguished in any capacity by the HOA Sale.

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The Deed of Trust remains a valid encumbrance against the Property following the recording of the

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HOA Foreclosure Deed, and NNB's interest in the Property is subject to the Deed of Trust.

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AKERMAN LLP

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

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WILSON ELSER MOSKOWITZ EDELMAN &
DICKER LLP

AKERMAN LLP

/s/ I-Che Lai
JORGE A. RAMIREZ, ESQ.
Nevada Bar No. 6787
I-CHE LAI, ESQ.
Nevada Bar No. 12247
300 South Fourth Street, 11th Floor
Las Vegas, NV 89101

/s/ Tenesa S. Powell
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

Attorneys for Defendant Castle Bay Shore Village Attorneys for Plaintiff Bank of New York Mellon
of Los Prados Homeowners Association

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HONG & HONG

NEVADA ASSOCIATION SERVICES, INC.

/s/ Joseph Y. Hong
JOSEPH Y. HONG, ESQ.
Nevada Bar No. 5995
10781 West Twain Avenue
Las Vegas, NV 89135

/s/ Brandon Wood
BRANDON WOOD, ESQ.
Nevada Bar No.
6224 West Desert Inn Road
Las Vegas, Nevada 89146

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Attorneys for Defendant Nevada New Builds, LLC Attorneys for Defendant Nevada Association
Services, Inc.

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APN 125-36-411-078
42659275;1

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Case 2:16-cv-00416-JCM-GWF Document 53 Filed 12/03/18 Page 4 of 4

ORDER

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Based on the above stipulation between Plaintiff The Bank of New York Mellon f/k/a the
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Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust
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2006--6CB, Mortgage Pass-Through Certificates, Series 2006-6CB (BNY Mellon) and defendants
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Castle Bay Shore Village of Los Prados Homeowners Association (Castle Bay), Nevada New
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Builds, LLC (NNB), and Nevada Association Services, Inc,. (NAS), the Parties' agreement, and
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good cause appearing therefore,
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IT IS ORDERED that the Deed of Trust recorded in the Official Records of Clark County,
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Nevada against the real property located 4913 Ocean Shores Way, Las Vegas, Nevada, APN 125-369
411-078 (the Property) on March 4, 2005, as Document Number 20050304-0000988, was not

AKERMAN LLP

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

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extinguished, impaired, or otherwise affected by the foreclosure sale of the Property conducted by
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Castle Bay on September 13, 2013 or the recording of the HOA Foreclosure Deed in the Official
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Records

of

Clark

County,

Nevada,

on

September

16,

2013,

as

Document

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Number 201309160002024, reflecting that NNB purchased the Property at the foreclosure sale.
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NNB's ownership interest in the Property is subject to the Deed of Trust.
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IT IS FURTHER ORDERED that BNY Mellon shall be entitled to record this
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STIPULATION AND ORDER CONFIRMING VALIDITY OF DEED OF TRUST in the Official
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Records of Clark County, Nevada in accordance with the rules of the Recorder's Office.
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IT IS FURTHER ORDERED that this order constitutes the final judgment of this Court,
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resolving all claims in this case with prejudice, each party to bear its own fees and costs.
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December 7, of ___________________, 2018.
DATED this _____ day 2018.
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DISTRICT COURT JUDGE
UNITED STATES DISTRICT JUDGE

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APN 125-36-411-078
42659275;1

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