Bank of New York Mellon v. Amber Hills II Homeowners' Association et al

Filing 62

ORDER granting 60 Stipulation of Final Judgment Confirming Existence and Validity of Deed of Trust. 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. Signed by Judge James C. Mahan on 11/15/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02576-JCM-GWF Document 60 Filed 11/05/18 Page 1 of 6

1
2
3
4
5
6
7
8
9

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: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff The Bank of New York
Mellon fka the Bank of New York as Trustee
for the Certificateholders of the CWABS, Inc.,
Asset-Backed Certificates, Series 2006-4

AKERMAN LLP

1635 Village Center Circle, Suite 200
VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10

UNITED STATES DISTRICT COURT

11

FOR THE DISTRICT OF NEVADA

12
13
14
15

THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS
SUCCESSOR TRUSTEE TO JPMORGAN
CHASE BANK, N.A., AS TRUSTEE FOR
HOLDERS OF SAMI II TRUST 2006-AR2,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-AR2

16
17
18
19

Plaintiff,

Case No.: 2:16 cv 02576 -JCM-GWF

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

vs.
AMBER HILLS II HOMEOWNERS
ASSOCIATION; MARK DESISTO; ALESSI &
KOENIG,

20

Defendants.

21

Plaintiff The Bank of New York Mellon f/k/a The Bank of New York as Successor Trustee to

22

JPMorgan Chase Bank, N.A., as Trustee for Holders of SAMI II Trust 2006-AR2, Mortgage Pass-

23

Through Certificates, Series 2006-AR2 (BoNYM), Amber Hills II Homeowners Association's

24

(Amber Hills), and Mark Desisto (Desisto) stipulate as follows:

25
26

1.

This matter relates to real property located 9580 W. Reno Avenue, #116, Las Vegas,

Nevada 89148, APN 163-30-519-028. The property is more specifically described as:

27
28

APN: 163-30-519-028
46070670;2

Case 2:16-cv-02576-JCM-GWF Document 60 Filed 11/05/18 Page 2 of 6

1

PARCEL I (Common Area)

2

One (I) allocated interest as tenants-in-common in and to the Common Area of each
phase of final map of AMBER HILLS II, a Common Interest Condominium
Development, as shown by map thereof on file in Book 107 of Plats, Page 12 in the
Office of the County Recorder, Clark County, Nevada. Said allocated interest to be
a fraction, the numerator of which shall be one (1), and the denominator which shall
be the number of Units in the Community which shall became subject to the
Declaration of Restrictions recorded April 12, 2002 in Book 20020412 as Document
No. 01791, Official Records.

3
4
5
6
7
8
9

AKERMAN LLP

1635 Village Center Circle, Suite 200
VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10
11
12
13

Excepting therefrom all units and buildings located within the above referenced
plat.
Reserving therefrom the right to possession of all those areas delineated as "Limited
Common Elements" upon final map of AMBER HILLS 11, a Common Interest
Condominium Development as defined in the Declaration.
Further reserving therefrom for the benefit of the Owners of all units within final
map of AMBER HILLS 11, a Common Interest Condominium Development,
(except the unit referred to In Parcel II, herein) non-exclusive easements for ingress,
egress and recreational use on, over and across the Common Elements, as provided
for in and subject to the Declaration.

14
15
16
17
18

PARCEL II (Living Unit)
Unit No. One Hundred Sixteen (116) in Building Four (4), as shown upon the above
referenced Plat.
PARCEL III (Limited Common Elements)

20

The exclusive right of use, possession, and occupancy of those portions the project
designated as those "Limited Common Elements" (including but not limited to
patio(s), balconies, porch/landing, and parking space(s) as defined in and subject to
the Declaration), which are appurtenant to Parcels I and II described above.

21

PARCEL IV (Appurtenant Easements)

19

22
23
24
25

A non-exclusive easement for ingress, egress and recreational use on, over and
across those portions of final map of AMBER HILLS II, a Common Interest
Condominium Development, delineated as "Private Drives", "Recreational
Facilities" and "Common Elements", as defined in amid subject to the Declaration,
which easement is appurtenant to Parcels 1 and II.
APN 163-30-519-028

26
27
28

2

APN: 163-30-519-028
46070670;2

Case 2:16-cv-02576-JCM-GWF Document 60 Filed 11/05/18 Page 3 of 6

1

2.

BoNYM is the beneficiary of record of a deed of trust that encumbers the Property and

2

was recorded on January 10, 2006, as Instrument No. 20060110-0004422, in the Official Records of

3

Clark County, Nevada (the Deed of Trust).

4

3.

On December 7, 2010, Desisto recorded a foreclosure deed as Instrument No. 20121207-

5

0003222 in the Official Records of Clark County, Nevada (the HOA Foreclosure Deed), reflecting

6

that Desisto purchased the property at a foreclosure sale of the property conducted by Amber Hills

7

and Alessi on August 15, 2012 (the HOA Sale). Desisto has not transferred its interest in the property

8

and is still the title holder of record.

9

AKERMAN LLP

1635 Village Center Circle, Suite 200
VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10

4.

On November 7, 2016, BoNYM initiated a quiet title action against Desisto, Amber Hills,

and Alessi in the United States District Court, District of Nevada, Case No. 2:16-cv-02576.

11

5.

BoNYM, Amber Hills, and Desisto have entered a confidential settlement agreement in

12

which they have settled all claims between them in this case. This stipulation and order applies to the

13

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

14

///

15

///

16

///

17
18
19
20
21
22
23
24
25
26
27
28

3

APN: 163-30-519-028
46070670;2

Case 2:16-cv-02576-JCM-GWF Document 60 Filed 11/05/18 Page 4 of 6

1

6.

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

2

The Deed of Trust remains a valid encumbrance against the property following the recording of the

3

HOA Foreclosure Deed, and Desisto's interest in the property is subject to the Deed of Trust.

4

DATED this 5th day of November, 2018.

5
6

AKERMAN LLP

HOA LAWYERS GROUP LLC

7

/s/ Steven T. Loizzi, Esq.
STEVEN T. LOIZZI, JR. ESQ.
Nevada Bar No. 10920
9500 W. Flamingo, Suite 204
Las Vegas, Nevada 89147
Attorney for Defendant Mark Desisto and Alessi &
Koenig, LLC

11

/s/ Vatana Lay, Esq.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Attorneys for Plaintiff

12

GORDON & REES LLP

8
9

AKERMAN LLP

1635 Village Center Circle, Suite 200
VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10

13
14
15
16
17
18

/s/ Brian K. Walters, Esq.
ROBERT S. LARSEN, ESQ.
Nevada Bar No. 7785
BRIAN K. WALTERS, ESQ.
Nevada Bar No. 9711
300 South Fourth Street, Suite 1500
Las Vegas, Nevada 89101
Attorneys for Defendant Amber Hills II
Homeowners’ Association

19
20
21
22
23
24
25
26
27
28

4

APN: 163-30-519-028
46070670;2

Case 2:16-cv-02576-JCM-GWF Document 60 Filed 11/05/18 Page 5 of 6

1

ORDER

2

Based on the above stipulation between plaintiff The Bank of New York Mellon f/k/a The

3

Bank of New York as Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for Holders of

4

SAMI II Trust 2006-AR2, Mortgage Pass-Through Certificates, Series 2006-AR2 (BoNYM), Amber

5

Hills II Homeowners Association's (Amber Hills), and Mark Desisto (Desisto), the Parties'

6

agreement, and good cause appearing therefore,

Nevada against the real property located at 9580 W. Reno Avenue, #116, Las Vegas, Nevada 89148,

9

APN 163-30-519-028 on on January 10, 2006, as Instrument No. 20060110-0004422, was not

10

AKERMAN LLP

IT IS ORDERED that the deed of trust recorded in the Official Records of Clark County,

8

1635 Village Center Circle, Suite 200
VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

7

extinguished, impaired, or otherwise affected by the foreclosure sale of the property conducted by

11

Amber Hills and Alessi on August 15, 2012 or the recording of the HOA foreclosure deed in the

12

Official Records of Clark County, Nevada, on December 7, 2010, as Instrument No. 20121207-

13

0003222, reflecting that Desisto purchased the property at the HOA Sale. Desisto's ownership interest

14

in the property is subject to the deed of trust.

15

IT IS FURTHER ORDERED that BANA shall be entitled to record this STIPULATION

16

AND ORDER CONFIRMING VALIDITY OF DEED OF TRUST in the Official Records of Clark

17

County, Nevada in accordance with the rules of the Recorder's Office.

18
19
20

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.
November 15, 2018.
DATED this _____ day of ___________________, 2018.

21
22
23
DISTRICT COURT DISTRICT JUDGE
UNITED STATES JUDGE

24
25
26
27
28

5

APN: 163-30-519-028
46070670;2

Case 2:16-cv-02576-JCM-GWF Document 60 Filed 11/05/18 Page 6 of 6

1

Respectfully submitted by:

2

AKERMAN LLP
/s/ Vatana Lay, Esq.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

3
4
5
6
7
8
9

AKERMAN LLP

1635 Village Center Circle, Suite 200
VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

6

APN: 163-30-519-028
46070670;2