Federal National Mortgage Association v. Flamingo Ridge Homeowners Association et al
Filing
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ORDER Granting 53 Stipulation of Final Judgment Confirming Existence and Validity of Deed of Trust. 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. See Order for Details. Signed by Judge Andrew P. Gordon on 8/17/2020. (Copies have been distributed pursuant to the NEF - JQC)
Case 2:16-cv-01566-APG-BNW Document 54 Filed 08/17/20 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, NV 89134
Telephone: (702) 634-5000
Facsimile: (702) 380-8572
Email: melanie.morgan@akerman.com
Email: jamie.combs@akerman.com
Attorneys for plaintiff and counter-defendant
Federal National Mortgage Association
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
Case No.: 2:16-cv-01566-APG-BNW
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Plaintiff,
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v.
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FLAMINGO RIDGE HOMEOWNERS
ASSOCIATION; TOW PROPERTIES, LLC I;
and ALESSI & KOENIG, LLC,
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Defendants.
TOW PROPERTIES, LLC,
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Counter- and cross-claimant,
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v.
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FEDERAL NATIONAL MORTGAGE
ASSOCIATION; FLAMINGO RIDGE
HOMEOWNERS ASSOCIATION; ALESSI &
KOENIG, LLC; DOES 1 through 10; and ROE
CORPORATIONS 1 through 10,
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Counter- and cross-defendants.
FLAMINGO RIDGE HOMEOWNERS
ASSOCIATION,
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Cross-claimant,
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v.
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ALESSI & KOENIG, LLC,
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Cross-defendant.
54231120;1
STIPULATION AND ORDER OF FINAL
JUDGMENT CONFIRMING EXISTENCE
AND VALIDITY OF DEED OF TRUST
Case 2:16-cv-01566-APG-BNW Document 54 Filed 08/17/20 Page 2 of 5
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Plaintiff and counter-defendant Federal National Mortgage Association (Fannie Mae),
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defendant, cross-claimant and cross-defendant Flamingo Ridge Homeowners Association and
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defendant, counterclaimant and cross-claimant Tow Properties, LLC I (Tow) stipulate as follows:
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1.
This matter relates to real property located at 6250 West Flamingo Road #119, Las
Vegas, Nevada 89103, APN 163-14-814-093, more specifically described as:
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PARCEL I:
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AN UNDIVIDED 1/21 INTEREST IN AND TO PHASE 9 COMMON AREA, AS
THE SAME IS DELINEATED ON THE PLAT OF FLAMINGO RIDGE, IN BOOK
33 OF PLATS, PAGE 40, AND AS AMENDED IN BOOK 34 OF PLATS, PAGE 4,
ALL AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF
CLARK COUNTY, NEVADA, AND AS FURTHER DEFINED IN DECLARATION
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AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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OF COVENANTS, CONDITIONS AND RESTRICTIONS, FOR FLAMINGO
RIDGE, RECORDED ON DECEMBER 16, 1985 IN BOOK 2233, AS DOCUMENT
NO. 2192514.
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EXCEPTING THEREFROM THE EXCLUSIVE RIGHT TO POSSESSION OF
THAT AREA DESIGNATED AS LIMITED COMMON AREA, AS DEFINED IN
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND
AS SHOWN UPON THE MAP FOR FLAMINGO RIDGE, REFERRED TO ABOVE.
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PARCEL II:
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THE EXCLUSIVE RIGHT TO POSSESSION AND ENJOYMENT OF THAT AREA
DESIGNATED AS LIMITED COMMON AREA APPURTENANT TO THE UNIT
BEARING THE SAME NUMBER AND THE PARKING SPACE AS SHOWN AND
DESCRIBED ON THE PLAT OF FLAMINGO RIDGE IN BOOK 33 OF PLATS,
PAGE 40, AND AS AMENDED IN BOOK 34 OF PLATS, PAGE 4 ALL AS
RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF CLARK
COUNTY, NEVADA AND FURTHER DEFINED IN THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR FLAMINGO RIDGE.
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PARCEL III:
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A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND
RECREATIONAL USE, ON, OVER AND UNDER THE COMMON AREAS OF
PHASES 1, 2, 3, 4, 5, 6, 7 AND 8, WHICH EASEMENT IS APPURTENANT TO
PARCELS 1, 2 AND 3 DESCRIBED ABOVE. THE COMMON AREA REFERRED
TO HEREIN AS PHASES 1, 2, 3, 4, 5, 6, 7 AND 8 SHALL BE AS SHOWN AND
DESCRIBED ON THE PLAT OF FLAMINGO RIDGE RECORDED IN THE
OFFICE OF THE COUNTY RECORDER, CLARK COUNTY, NEVADA
EXCEPTING THEREFROM ANY RESIDENTIAL BUILDINGS THEREON AND
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54231120;1
Case 2:16-cv-01566-APG-BNW Document 54 Filed 08/17/20 Page 3 of 5
ANY PORTION THEREOF WHICH MAY BE DESIGNATED AS LIMITED
COMMON AREA
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(the property).
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2.
Fannie Mae is the beneficiary of record of a deed of trust encumbering the property
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dated February 2, 2006 and recorded with the Clark County Recorder on February 9, 2006, as
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Instrument No. 20060209-0003491 (the deed of trust).
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On August 21, 2014, Flamingo Ridge Homeowners Association recorded a trustee's
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deed upon sale with the Clark County Recorder, as Instrument No. 20140821-0000356 (the HOA
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foreclosure deed), reflecting Flamingo Ridge purchased the property at a foreclosure sale conducted
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by Alessi & Koenig, LLC on July 3, 2013 (the HOA sale).
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AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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Flamingo Ridge quitclaimed its interest in the property to Tow via a quitclaim deed
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dated recorded with the Clark County Recorder on August 21, 2014, as Instrument No. 20140821-
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0000787 (the quitclaim deed). Tow has not transferred its interest in the property and is still the title
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holder of record.
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5.
On July 1, 2016 Fannie Mae initiated a quiet title action against Flamingo Ridge, Tow
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and Alessi in the United States District Court for the District of Nevada, under Case No. 2:16-cv-
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01566-APG-BNW.
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Fannie Mae, Flamingo Ridge and Tow have entered into a confidential settlement
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agreement in which they have settled all claims between them in this case. This stipulation and order
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applies to the matters addressed in this particular case only and has no relevance to any other matter.
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54231120;1
Case 2:16-cv-01566-APG-BNW Document 54 Filed 08/17/20 Page 4 of 5
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7.
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 recordation of the
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HOA foreclosure deed and quitclaim deed, and Tow's ownership interest in the property is subject to
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the deed of trust.
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DATED: August 14, 2020.
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AKERMAN LLP
LEE, HERNANDEZ, LANDRUM & CARLSON,
APC
/s/ Jamie K. Combs
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
/s/ Elizabeth C. Spaur
DAVID S. LEE, ESQ.
Nevada Bar No. 6033
ELIZABETH C. SPAUR, ESQ.
Nevada Bar No. 10446
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128
Attorneys for plaintiff and counter-defendant
Federal National Mortgage Association
Attorneys for defendant, counterclaimant and
cross-claimant Tow Properties, LLC I
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AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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LEACH KERN GRUCHOW ANDERSON SONG
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/s/ J. Tyler King
SEAN L. ANDERSON, ESQ.
Nevada Bar No. 7259
J. TYLER KING, ESQ.
Nevada Bar No. 14895
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Attorneys for defendant and cross-claimant
Flamingo Ridge Homeowners Association
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54231120;1
Case 2:16-cv-01566-APG-BNW Document 54 Filed 08/17/20 Page 5 of 5
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ORDER
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Based on the above stipulation between plaintiff and counter-defendant Federal National
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Mortgage Association (Fannie Mae), defendant, cross-claimant and cross-defendant Flamingo Ridge
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Homeowners Association and defendant, counterclaimant and cross-claimant Tow Properties, LLC I,
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the parties' agreement, and good cause appearing,
County Recorder on February 9, 2006, as Instrument No. 20060209-0003491 against the property
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located at 6250 West Flamingo Road #119, Las Vegas, Nevada 89103, APN 163-14-814-093, was not
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extinguished, impaired, or otherwise affected by the foreclosure sale of the property conducted by
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AKERMAN LLP
IT IS ORDERED that the deed of trust dated February 2, 2006 and recorded with the Clark
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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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Flamingo Ridge Homeowners Association and Alessi & Koenig, LLC or the recording of the trustee's
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deed upon sale with the Clark County Recorder on August 21, 2014, as Instrument No. 20140821-
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0000356, reflecting that Flamingo Ridge purchased the property at the HOA foreclosure sale. Tow's
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ownership interest in the property is subject to the deed of trust.
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IT IS FURTHER ORDERED that Fannie Mae shall be entitled to record this STIPULATION
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AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED
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OF TRUST in the Official Records of Clark County, Nevada, in accordance with the Rules of the
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Recorder's Office.
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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.
17th
August
DATED this _____ day of ___________________, 2020.
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DISTRICT COURT JUDGE
Case No.: 2:16-cv-01566-APG-BNW
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54231120;1
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