Federal National Mortgage Association v. Colony North Homeowners Association et al

Filing 18

CONSENT JUDGMENT re 17 Stipulated/Consent Judgment. Signed by Judge Andrew P. Gordon on 4/13/2018. (Copies have been distributed pursuant to the NEF - MMM)

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Case 2:16-cv-01686-APG-NJK Document 17 Filed 04/12/18 Page 1 of 4 1 2 3 4 5 6 7 8 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 VATANA LAY, ESQ. Nevada Bar No. 12993 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com vatana.lay@akerman.com Attorneys for Plaintiff Federal National Mortgage Association UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 FEDERAL NATIONAL MORTGAGE ASSOCIATION; 12 Case No.: 2:16-cv-01686-APG-NJK Plaintiff, STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED OF TRUST 13 vs. 14 COLONY NORTH HOMEOWNERS ASSOCIATION; NEW PROPERTY HOLDINGS, LLC; NEVADA ASSOCIATION SERVICES, INC.; 15 16 Defendants. 17 18 Plaintiff Federal National Mortgage Association ("Fannie Mae") and Defendant New Property 19 Holdings, LLC ("NPH"), being the only parties to have appeared in this action, through their counsel 20 of record, stipulate as follows: 21 1. This matter relates to real property located 3361 Civic Center Drive, Unit G, North Las 22 Vegas, Nevada 89030, APN 139-11-811-001 (the "Property"). The Property is more specifically 23 described as: LOT FORTY-SIX (46) IN BLOCK TWO (2) OF AMENDED PLAT OF SOLAR ESTATES NO. 3, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 26 OF PLATS, PAGE 45, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA. 24 25 26 APN: 139-11-811-001 27 28 APN 139-11-811-001 42867512;2 1 Case 2:16-cv-01686-APG-NJK Document 17 Filed 04/12/18 Page 2 of 4 1 2. Fannie Mae is the beneficiary of record of a Deed of Trust that encumbers the Property 2 and was recorded on August 6, 2004, as Document Number 20040806-0003746 in the Official 3 Records of Clark County, Nevada (the "Deed of Trust"). 4 3. On September 24, 2014, Colony North Homeowners Association ("Colony North") 5 recorded a Foreclosure Deed as Instrument Number 20140924-0003040 of the Official Records of 6 Clark County, Nevada (the "HOA Foreclosure Deed"), reflecting that Colony North purchased the 7 Property at a foreclosure sale of the Property held July 19, 2013 (the "HOA Sale"). 8 4. Colony North transferred its interest in the Property to NPH by Quit Claim Deed recorded and by Corrective Quit Claim Deed recorded in the Clark County recorder’s office on February 19, 11 AKERMAN LLP in the Clark County recorder’s office on December 16, 2014 as Instrument No. 20141216-0002038, 10 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 2015 as Instrument No. 20150219-0002151; 12 5. On July 18, 2016, Fannie Mae initiated an action for quiet title and damages against 13 Colony North and NPH in the United States District Court, District of Nevada, Case No. 2:16-cv- 14 01686 (the "Quiet Title Action"). 15 6. The Parties have entered a settlement agreement in which Fannie Mae has resolved all 16 claims against Colony North and NPH. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 APN 139-11-811-001 42867512;2 2 Case 2:16-cv-01686-APG-NJK Document 17 Filed 04/12/18 Page 3 of 4 1 7. The parties have agreed as part of their settlement agreement, and the Court incorporates 2 that agreement and its provision, that the Deed of Trust survived and was not extinguished in any 3 capacity by the HOA Sale, the recording of the HOA Foreclosure Deed, or the recording of the Quit 4 Claim Deeds to NPH. The Deed of Trust remains a valid encumbrance against the Property following 5 the recording of the HOA Foreclosure Deed, and NPH’s interest in the Property is subject to the Deed 6 of Trust. This stipulation is made for purposes of this action only and is not a waiver by any Party of 7 its legal position in any other case or an admission of liability in this or any other action. 8 9 10 Dated: April 12th, 2018. Dated: April 12th 2018. AKERMAN LLP JENNINGS & FULTON, LTD /s/ Vatana Lay Ariel E. Stern Nevada Bar No. 8276 Vatana Lay Nevada Bar No. 12993 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.sern@akerman.com Email: vatana.lay@akerman.com Attorneys for Plaintiff Federal National Mortgage Association /s/ Adam Fulton ___________ _ Adam Fulton Nevada Bar No. 11572 2580 Sorrel Street Las Vegas, Nevada 89146 Telephone: (702) 979-3565 Facsimile: (702) 362-2060 Email: afulton@jfnvlaw.com Attorneys for Defendant New Property Holdings, LLC AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 13 14 15 16 17 18 19 20 ORDER 21 Based on the above stipulation between Plaintiff Federal National Mortgage Association 22 ("Fannie Mae") and Defendant New Property Holdings, LLC (“NPH”), the Parties' agreement, and 23 good cause appearing therefore, 24 IT IS ORDERED that the Deed of Trust recorded in the Official Records of Clark County, 25 Nevada against the real property located at 3361 Civic Center Drive, Unit G, North Las Veagas, 26 Nevada 89030, APN 139-11-811-001 (the "Property") on August 6, 2004, as Document Number 27 28 APN 139-11-811-001 42867512;2 3 Case 2:16-cv-01686-APG-NJK Document 17 Filed 04/12/18 Page 4 of 4 1 20040806-0003746 was not extinguished, impaired, or otherwise affected by the foreclosure sale 2 conducted by Colony North Homeowners Association ("Colony North") on July 19, 2013 or the 3 recording of the Foreclosure Deed in the Official Records of Clark County, Nevada, on September 24, 4 2014, as Document Number 20140924-0003040, reflecting that Colony North purchased the Property 5 at the foreclosure sale, or the recording of the Quit Claim Deed in the Official Records of Clark 6 County, Nevada on December 16, 2014 as Instrument No. 20141216-0002038 and the Corrective Quit 7 Claim Deed on February 19, 2015 as Instrument No. 20150219-0002151, reflecting that Colony North 8 transferred its interest in the Property to NPH. NPH’s interest in the Property is subject to the Deed 9 of Trust. AKERMAN LLP IT IS FURTHER ORDERED that Fannie Mae shall be entitled to record this STIPULATION 11 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED 12 OF TRUST in the Official Records of Clark County, Nevada in accordance with the rules of the 13 Recorder's Office. 14 15 16 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: April 13, 2018. of ____________________, 2018. DATED this _____ day 17 18 DISTRICT COURT JUDGE JUDGE UNITED STATES DISTRICT 19 20 21 Respectfully submitted by: AKERMAN LLP 22 23 24 25 26 27 28 /s/ Vatana Lay Ariel E. Stern (Nevada Bar No. 8276) Vatana Lay (Nevada Bar No. 2993) 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Attorneys for Plaintiff Federal National Mortgage Association APN 139-11-811-001 42867512;2 4

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