Bank of America, N.A. v. Sage Hills Community Association et al

Filing 16

ORDER granting 15 Stipulation of Final Judgment Confirming Deed of Trust; Signed by Judge Andrew P. Gordon on 6/18/2018. (Copies have been distributed pursuant to the NEF - JM)

AKERMAN LLP

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

Case 2:16-cv-01857-APG-PAL Document 15 Filed 06/15/18 Page 1 of 5

1
1
2
3
2
4
5
3
6
4
7
8
5
9
10
6
11
12
7
13
8
14
15
9
16
17
10
18
11
19
20
12
21
22
13
23
24
14
25
15
26
27
16
28
17

MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
VATANA LAY, ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff Bank of America, N.A.
successor by merger to BAC Home Loans Servicing,
LP f/k/a Countrywide Home Loans Servicing. LP
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
BANK OF AMERICA, N.A., successor by merger
to BAC HOME LOANS SERVICING, LP FKA
COUNTRYWIDE HOME LOANS SERVICING,
LP,

Case No.: 2:16-cv-01857-APG-PAL

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

v.
SAGE HILLS COMMUNITY ASSOCIATION;
NEVADA ASSOCIATION SERVICES, INC.,
Defendants.

18
19

Plaintiff Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, f/k/a
20
Countrywide Home Loans Servicing, LP and defendant Sage Hills Community Association, being the
21
only parties to have appeared in this action, through their counsel of record, stipulate as follows:
22
//
23
//
24
//
25
//
26
27
28
APN 137-26-312-011
44849791;1

AKERMAN LLP

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

Case 2:16-cv-01857-APG-PAL Document 15 Filed 06/15/18 Page 2 of 5

1
1
2
3
2
4
5
3
6
4
7
8
5
9
10
6
11
12
7
13
8
14
15
9
16
17
10
18
11
19
20
12
21
22
13
23
24
14
25
15
26
27
16
28

1.

This matter relates to real property located 11284 Emerald Pine Lane, Las Vegas, Nevada

89138, APN 137-26-312-011. The property is more specifically described as:
LOT FIFTY-FIVE (55) IN BLOCK ONE (1) OF SAGE HILLS AT THE SUMMERLIN
VISTAS AS SHOWN BY THE MAP THEREOF ON FILE IN BOOK 104 OF PLATS,
PAGE 82, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY,
NEVADA.
APN 137-26-312-011.
2.

BANA, as servicer for Federal National Mortgage Association, is the beneficiary of record

of a deed of trust that encumbers the Property and was recorded on May 27, 2005, as Instrument No.
20050527-0003613, in the Official Records of Clark County, Nevada.
3.

On September 12, 2011, Sage Hills recorded a foreclosure deed as Instrument No.

20110912-0001399 in the Official Records of Clark County, Nevada, reflecting that Sage Hills
purchased the property at its foreclosure sale of the property conducted on August 5, 201. Sage Hills
has not transferred its interest in the property and is still the title holder of record.
4.

On August 5, 2016, BANA initiated a quiet title action against Sage Hills and Nevada

Association Services, Inc. in the United States District Court, District of Nevada, Case No. 2:16-cv01857-APG-PAL.

17

5.

BANA and Sage Hills have entered a confidential settlement agreement in which they have

18

settled all claims between them in this case. This stipulation and order applies to the matters addressed

19

in this particular case only and has no relevance to any other matter.

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27
28
APN 137-26-312-011
44849791;1

AKERMAN LLP

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

Case 2:16-cv-01857-APG-PAL Document 15 Filed 06/15/18 Page 3 of 5

1
1
2
3
2
4
5
3
6
4
7
8
5
9
10
6
11
12
7
13
8
14
15
9
16
17
10
18
11
19
20
12
21
22
13
23
24
14
25
15
26
27
16
28

6.

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

The Deed of Trust remains a valid encumbrance against the property following the recording of the
HOA foreclosure deed, and Sage Hills's interest in the property is subject to the deed of trust.
DATED this 15th day of June, 2018.
AKERMAN LLP

BOYACK ORME & ANTHONY

/s/ Vatana Lay
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
VATANA LAY, ESQ.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Colli McKiever
EDWARD D. BOYACK, ESQ.
Nevada Bar No. 005229
COLLI C. MCKIEVER, ESQ.
Nevada Bar No. 13742
7432 W. Sahara Avenue, Suite 101
Las Vegas, NV 89117

Attorneys for Plaintiff Bank of America, as Attorneys for Defendant Sage Hills Community
successor by merger to BAC Home Loans Association
Servicing, LP, f/k/a Countrywide Home
Loans Servicing, LP

17
18
19
20
21
22
23
24
25
26
27
28
APN 137-26-312-011
44849791;1

AKERMAN LLP

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

Case 2:16-cv-01857-APG-PAL Document 15 Filed 06/15/18 Page 4 of 5

1
1
2
3
2
4
5
3
6
4
7
8
5
9
10
6
11
12
7
13
8
14
15
9
16
17
10
18
11
19
20
12
21
22
13
23
24
14
25
15
26
27
16
28

ORDER
Based on the above stipulation between plaintiff Bank of America, N.A., successor by merger to
BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP and defendant Sage
Hills Community Association, the Parties' agreement, and good cause appearing therefore,
IT IS ORDERED that the deed of trust recorded in the Official Records of Clark County,
Nevada against the real property located at 11284 Emerald Pine Lane, Las Vegas, Nevada 89138, APN
137-26-312-011 on May 27, 2005, as Instrument No. 20050527-0003613, was not extinguished,
impaired, or otherwise affected by the foreclosure sale of the property conducted by Sage Hills on
August 5, 2011 or the recording of the HOA foreclosure deed in the Official Records of Clark County,
Nevada, on September 12, 2011, as Instrument No. 20110912-0001399, reflecting that Sage Hills
purchased the property at the HOA Sale. Sage Hills's ownership interest in the property is subject to the
deed of trust.
//
//
//
//

17

//

18

//

19

//

20

//

21

//

22

//

23

//

24

//

25

//

26

//

27

//

28
APN 137-26-312-011
44849791;1

AKERMAN LLP

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

Case 2:16-cv-01857-APG-PAL Document 15 Filed 06/15/18 Page 5 of 5

1
1
2
3
2
4
5
3
6
4
7
8
5
9
10
6
11
12
7
13
8
14
15
9
16
17
10
18
11
19
20
12
21
22
13
23
24
14
25
15
26
27
16
28
17
18
19
20
21

IT IS FURTHER ORDERED that BANA shall be entitled to record this STIPULATION AND
ORDER CONFIRMING VALIDITY OF DEED OF TRUST in the Official Records of Clark County,
Nevada in accordance with the rules of the Recorder's Office.
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: June 18, 2018.
DATED this _____ day of ___________________, 2018.

DISTRICT COURT JUDGE JUDGE
UNITED STATES DISTRICT
Respectfully submitted by:
AKERMAN LLP
/s/ Vatana Lay
Melanie D. Morgan, Esq.
Nevada Bar No. 8215
Vatana Lay, Esq.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Bank of America,
as successor by merger to BAC Home
Loans Servicing, LP, f/k/a Countrywide
Home Loans Servicing, LP

22
23
24
25
26
27
28
APN 137-26-312-011
44849791;1