Bank of America, N.A. v. Ridgeview Homeowners Association, Inc., et al

Filing 96

ORDER Granting 93 Stipulated/Consent Judgment. IT IS ORDERED that Judgment is hereby entered in favor of Plaintiff Bank of America and against Scimitar and the HOA. IT IS FURTHER ORDERED that the HOA Sale did not extinguish the Deed of Trust. The Deed of Trust therefore remains a valid encumbrance on the Property. Signed by Judge James C. Mahan on 3/16/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:16-cv-02211-JCM-NJK Document 95 Filed 03/13/20 Page 1 of 3

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff Bank of America, N.A.

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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AKERMAN LLP

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

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BANK OF AMERICA, N.A.,

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Case No.: 2:16-cv-02211-JCM-NJK
Plaintiff,

vs.
STIPULATED JUDGMENT
RIDGEVIEW HOMEOWNERS
ASSOCIATION, INC., AKA Ridgeview Village
and A SCIMITAR LLC,

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Defendants.

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Bank of America, N.A., ("Bank of America"), A Scimitar LLC ("Scimitar"), and Ridgeview

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Homeowners Association, Inc., aka Ridgeview Village (the "HOA"), by and through their respective

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counsel of record, stipulate to the entry of a judgment by the District Court as follows:

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On or about June 26, 2006, Alex and Sonya Diaz ("Borrowers") purchased real property
located at 1927 Scimitar Drive #32, Henderson, Nevada 89011 (the "Property").
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On or about June 23, 2006, Borrowers executed a promissory note in the amount of

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$140,000 (the "Note"), which was secured by a deed of trust (the "Deed of Trust") executed in favor

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of Bank of America and recorded against the Property on June 28, 2006 in the Clark County Recorder’s

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Office, and re-recorded on March 17, 2011 in the same office, as Instrument No. 201103170000340.

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2.

On July 25, 2014 the HOA non-judicially foreclosed on the Property, selling the

Property to Scimitar for $11,100 (the "HOA Sale").
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Case 2:16-cv-02211-JCM-NJK Document 95 Filed 03/13/20 Page 2 of 3

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3.

After a series of assignments, Bank of America once again became the beneficiary of

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record of the Deed of Trust pursuant to an assignment recorded on May 23, 2016, and Bank of America

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remains the record beneficiary.

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Bank of America is presently the servicer of the Loan.

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On September 20, 2016, Bank of America filed this lawsuit against Scimitar and the

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HOA, seeking an order declaring that Scimitar purchased the Property subject to Bank of America's

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Deed of Trust.

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Deed of Trust was not extinguished by the HOA sale.

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AKERMAN LLP

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

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7.

Accordingly, IT IS ORDERED that Judgment is hereby entered in favor of Plaintiff

Bank of America and against Scimitar and the HOA.

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Pursuant to a confidential settlement agreement, the Parties have stipulated that the

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IT IS FURTHER ORDERED that the HOA Sale did not extinguish the Deed of Trust.

The Deed of Trust therefore remains a valid encumbrance on the Property.

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Dated: March 12, 2020

Dated: March 12, 2020

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AKERMAN LLP

THE WRIGHT LAW GROUP, P.C.

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/s/ Jamie K. Combs, Esq.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Christopher B. Phillips
JOHN HENRY RIGHT, ESQ.
Nevada Bar No. 6182
CHRISTOPHER B. PHILLIPS, ESQ.
Nevada Bar No. 14600
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102

Attorneys for Bank of America, N.A.

Attorneys for A Scimitar, LLC

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Case 2:16-cv-02211-JCM-NJK Document 95 Filed 03/13/20 Page 3 of 3

Bank of America v. Ridgeview Homeowners Assoc.
Case No.: 2:16-cv-02211-JCM-NJK

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LIPSON NEILSON, P.C.

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/s/ David T. Ochoa
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
DAVID T. OCHOA, ESQ.
Nevada Bar No. 10414
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144
Attorneys for Ridgeview Homeowners Association,
Inc., AKA Ridgeview Village

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March 16, 2020.
IT IS SO ORDERED, this _____ day of March, 2020.

AKERMAN LLP

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

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UNITED STATES DISTRICT COURT JUDGE
Case No.: 2:16-cv-02211-JCM-NJK

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