Select Portfolio Servicing, Inc. v. Terra Cotta II Homeowners Association et al

Filing 14

ORDER Granting 13 Stipulation of Dismissal with prejudice. Signed by Chief Judge Gloria M. Navarro on 7/20/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01497-GMN-PAL Document 13 Filed 07/14/17 Page 1 of 3

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for
Servicing, Inc.

Plaintiff

Select

Portfolio

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UNITED STATES DISTRICT COURT

AKERMAN LLP

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

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DISTRICT OF NEVADA

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SELECT PORTFOLIO SERVICING, INC.,

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Case No.:

Plaintiff,

2:16-cv-01497-GMN-PAL

STIPULATION AND ORDER OF
DISMISSAL AND QUIET TITLE

vs.
TERRA
COTTA
II
HOMEOWNERS
ASSOCIATION and NEVADA ASSOCIATION
SERVICES, INC.,

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Defendants.
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Plaintiff Select Portfolio Servicing, Inc. ("SPS") and defendant Terra Cotta II Homeowners

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Association ("Terra Cotta"), being the only parties to have appeared in this action, through their

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counsel of record, stipulate as follows:

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1.

This matter relates to real property located 6292 Navajo Gorge Court, Las Vegas, Nevada

89142, APN 161-03-520-043 (the "Property"). The property is more specifically described as:

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PARCEL ONE (1)

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LOT FORTY-THREE (43) IN BLOCK ONE (1) OF TERRACOTTA II AS SHOWN
BY MAP THEREOF ON FILE IN BOOK 100 OF PLATS, PAGE 57 IN THE OFFICE
OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

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APN 161-03-520-043
42278532;2

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Case 2:16-cv-01497-GMN-PAL Document 13 Filed 07/14/17 Page 2 of 3

PARCEL TWO (2)

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A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND
RECREATIONAL USE ON AND OVER THE COMMON AREA AS SET FORTH
IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATION OF EASEMENTS FOR TERRACOTTA II, RECORDED
NOVEMBER 1, 2001, IN BOOK 20011101 AS DOCUMENT NO. 03345 AS THE
SAME MAY FROM TIME TO TIME BE AMENDED AND/OR SUPPLEMENTED
IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA,
WHICH EASEMENT IS APPURTENANT TO PARCEL ONE (1).

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APN: 161-03-520-043

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2.

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AKERMAN LLP

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

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Trust for the Registered Certificateholders of First Franklin Mortgage Loan Trust Series 2006-FF7,
Mortgage Pass-Through Certificates, Series 2006-FF7 ("Deutsche") is the beneficiary of a Deed of
Trust that encumbers the Property and was recorded on February 24, 2006, as Document Number
20060224-0003612 in the Official Records of Clark County, Nevada (the "Deed of Trust").
3.

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reflecting that Terra Cotta acquired the Property at a foreclosure sale of the Property held December 2,
2011 (the "HOA Sale").
4.

01497-GMN-PAL (the "Quiet Title Action").
5.

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SPS and Terra Cotta have entered a settlement agreement in which they have settled all

claims between them in this case.
6.

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On June 23, 2016, SPS initiated a quiet title action against Terra Cotta and Nevada

Association Services, Inc. in the United States District Court, District of Nevada, Case No. 2:16-cv-

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On December 6, 2011, Terra Cotta recorded a Foreclosure Deed as Document Number

201112060002286 of the Official Records of Clark County, Nevada (the "HOA Foreclosure Deed"),

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SPS is the servicer and non-party Deutsche Bank National Trust Company, as Trustee, in

Among other things, Terra Cotta has transferred all interest it acquired as a result of the

HOA Sale and HOA Foreclosure Deed to Deutsche.
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Among other things, the parties agree that title to the Property is quieted in Deutsche’s

favor. Terra Cotta disclaims all right, title, or interest in the Property as a result of the HOA Sale and
the HOA Foreclosure Deed.
//

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APN 161-03-520-043
42278532;2

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Case 2:16-cv-01497-GMN-PAL Document 13 Filed 07/14/17 Page 3 of 3

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Dated: July 14, 2017.

Dated: July 14, 2017.

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AKERMAN LLP

NEVADA ASSOCIATION SERVICES, INC.

/s/ William S. Habdas, Esq.
Melanie D. Morgan, Esq.
Nevada Bar No. 8215
William S. Habdas, Esq.
Nevada Bar No. 13138
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Attorneys for Plaintiff Select Portfolio
Servicing, Inc.

/s/ Chris Yergensen, Esq. (By permission)
CHRIS YERGENSEN, ESQ.
Nevada Bar No. _________
6224 West Desert Inn Road
Las Vegas, NV 89146

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Attorneys for Terra Cotta II Homeowners
Association

ORDER
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Based on the above stipulation between Plaintiff Select Portfolio Servicing, Inc. ("SPS") and

AKERMAN LLP

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

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Defendant Terra Cotta II Homeowners Association ("Terra Cotta"), the Parties' agreement, and good
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cause appearing therefore,
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IT IS ORDERED that title to the real property located 6292 Navajo Gorge Court, Las Vegas,
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Nevada 89142, APN 161-03-520-043 (the "Property") is quieted in favor of Deutsche Bank National
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Trust Company, as Trustee, in Trust for the Registered Certificateholders of First Franklin Mortgage
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Loan Trust Series 2006-FF7, Mortgage Pass-Through Certificates, Series 2006-FF7.
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IT IS FURTHER ORDERED that all claims in this case are dismissed with prejudice, each
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side to bear its own attorney fees and costs. This is the final judgment of this Court.
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DATED this _____ day of July, 2017.

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Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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Respectfully submitted by:
AKERMAN LLP

/s/ William S. Habdas, Esq.
Melanie D. Morgan, Esq.
Nevada Bar No. 8215
William S. Habdas, Esq.
Nevada Bar No. 13138
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Attorneys for Plaintiff Select Portfolio Servicing, Inc.

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APN 161-03-520-043
42278532;2

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