Shirehampton Drive Trust v. JP Morgan Chase Bank N.A. et al

Filing 95

Order Voiding February 7, 2013 Essex At Huntington Homeowners Association Foreclosure Sale And Resulting Foreclosure Deed (Clark County Recorder's Instrument 201302070002082). See order for further details. Signed by Judge Richard F. Boulware, II on 10/23/2023. (Copies have been distributed pursuant to the NEF - CT)

Case 2:16-cv-02276-RFB-EJY Document 95 Filed 10/23/23 Page 1 of 3

1
2
3
4
5
6
7
8
9

Kent F. Larsen, Esq.
Nevada Bar No. 3463
Karl L. Nielson, Esq.
Nevada Bar No. 5082
SMITH LARSEN & WIXOM
Hills Center Business Park
1935 Village Center Circle
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant / Counterclaimant
JPMorgan Chase Bank, N.A.
UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

ATTORNEYS

12
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
TEL [phone] ∙ FAX [phone]

SMITH LARSEN & WIXOM

10

SHIREHAMPTON DRIVE TRUST,
13

CASE NO.: 2:16-cv-02276-RFB-EJY
Plaintiff,

14
15

v.

16

JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION; MTC FINANCIAL INC.
DBA TRUSTEE CORPS; LOUISA
OAKENELL; and UNITED STATES OF
AMERICA TREASURY DEPARTMENT,
INTERNAL REVENUE SERVICE,

17
18
19
20

ORDER VOIDING FEBRUARY 7, 2013
ESSEX AT HUNTINGTON
HOMEOWNERS ASSOCIATION
FORECLOSURE SALE AND
RESULTING FORECLOSURE DEED
(CLARK COUNTY RECORDER’S
INSTRUMENT 201302070002082)

Defendants.

21
22

AND RELATED COUNTERCLAIMS.

23
24
25
26
27
28

On September 30, 2023, the Court filed an Order in this action. See ECF No. 93, a copy
of which is attached hereto as Exhibit A. In the Order, the Court granted Defendant-Counter
Claimant JPMorgan Chase Bank, National Association’s (“Chase”) Post-Remand Motion for
Summary Judgment (ECF No. 82) finding that the Essex at Huntington Homeowner
Association lien foreclosure sale occurring on January 28, 2013 regarding the real property
1

Case 2:16-cv-02276-RFB-EJY Document 95 Filed 10/23/23 Page 2 of 3

1

located at 705 Shirehampton Drive, Las Vegas, Nevada 89178 (APN 176-18-613-028) (the

2

“Property”) was void. See Order at p. 14. This Court further ordered Chase to submit a
3

proposed order for filing with state officials by October 13, 2023 (see Order at p. 15) and this
4

order is the result of that directive.
5
6
7
8

ATTORNEYS

HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
TEL [phone] ∙ FAX [phone]

SMITH LARSEN & WIXOM

9

Pursuant to the Order, and good cause appearing,
IT IS HEREBY ORDERED ADJUDGED AND DECREED that the Essex at
Huntington Homeowners Association lien foreclosure sale conducted on January 28, 2013
with respect to the Property, pursuant to that certain Notice of Foreclosure Sale recorded in the

10

Official Records of the Clark County, Nevada Recorder on September 18, 2012 as Instrument

11

No. 201209180000664, is null and void and set aside for all purposes and is of no further force

12

and effect;

13

IT IS FURTHER ORDERED ADJUDGED AND DECREED that the Foreclosure

14

Deed recorded in the Official Records of the Clark County, Nevada Recorder against the

15

Property on February 7, 2013 as Instrument No. 201302070002082, and rerecorded on March

16

27, 2013 as Instrument No. 201303270002898, is null and void, is of no further force and effect,

17

and the Clark County, Nevada Recorder is directed to expunge the Foreclosure Deed from its

18

Official Records;

19

IT IS FURTHER ORDERED ADJUDGED AND DECREED that title to the

20

Property is hereby returned to the status quo ante, as if the January 28, 2013 lien foreclosure

21

sale had not occurred; and,

22
23
24

IT IS FURTHER ORDERED ADJUDGED AND DECREED that this Order shall
be recorded in the Official Records of the Clark County, Nevada Recorder to further effectuate
the rulings and directives of this Court as contained in the Order (ECF No. 93).

25
26

IT IS SO ORDERED:

27
28

UNITED STATES DISTRICT JUDGE
DATED: October 23, 2023
2

Case 2:16-cv-02276-RFB-EJY Document 95 Filed 10/23/23 Page 3 of 3

1

Submitted By:

2

SMITH LARSEN & WIXOM

3
4
5
6
7
8

/s/ Karl L. Nielson
Kent F. Larsen, Esq.
Nevada Bar No. 3463
Karl L. Nielson, Esq.
Nevada Bar No. 5082
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Defendant/Counterclaimant
JPMorgan Chase Bank, N.A.

9

11

ATTORNEYS

12
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
TEL [phone] ∙ FAX [phone]

SMITH LARSEN & WIXOM

10

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3