U.S. Bank Trust, N.A. v. SFR Investments Pool 1, LLC

Filing 52

ORDER Granting 51 Stipulation to Substitute Metlife Home Loans, LLC in place of U.S. Bank Trust, N.A. and to Amend Caption. Signed by Magistrate Judge Peggy A. Leen on 8/7/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02604-JCM-PAL Document 51 Filed 07/31/17 Page 1 of 6

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 05506
Robert A. Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff/Counter/Cross-Defendant, U.S. Bank Trust, N.A., as Trustee for LSF9
Master Participation Trust and MetLife Home Loans, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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U.S. BANK TRUST, N.A., AS TRUSTEE FOR
LSF9 MASTER PARTICIPATION TRUST,

Case No.: 2:16-cv-02604-JCM-PAL

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Plaintiff,

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vs.
SFR INVESTMENT POOL 1, LLC; RIO
VISTA HOMEOWNERS ASSOCIATION;
ABSOLUTE COLLECTION SERVICES, LLC;
DOE INDIVIDUALS I-X; ROE
CORPORATIONS XI-XX,

STIPULATION AND ORDER TO
SUBSTITUTE METLIFE HOME
LOANS, LLC IN PLACE OF U.S. BANK
TRUST, N.A., AS TRUSTEE FOR LSF9
MASTER PARTICIPATION TRUST
AND TO AMEND THE CAPTION

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Defendants.
SFR INVESTMENT POOL 1, LLC,

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Counter/Cross-Claimant,

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vs.
U.S. BANK TRUST, N.A., AS TRUSTEE FOR
LSF9 MASTER PARTICIPATION TRUST;
JOSHUA HOWARD, an individual,
Counter/Cross-Defendants.

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COMES NOW Plaintiff, Plaintiff/Counter/Cross-Defendant, U.S. Bank Trust,

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N.A., as Trustee for LSF9 Master Participation Trust (“U.S. Bank”) and MetLife Home Loans,

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LLC, Defendant SFR Investments Pool 1, LLC (“SFR”), Defendant Rio Vista Homeowners

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Case 2:16-cv-02604-JCM-PAL Document 51 Filed 07/31/17 Page 2 of 6

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Association (“HOA”), and Defendant Absolute Collection Services, LLC (“ACS”), by and
through their counsels of record, hereby stipulate and agree as follows:
WHEREAS, the above-captioned matter concerns quiet title and declaratory relief claims
regarding real property located at 9949 Morpeth Street, Las Vegas, Nevada 89178 (the

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“Property”), sold at a homeowner’s association foreclosure sale, which allegedly eliminated the

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Deed of Trust recorded with the Clark County Recorder’s Office on March 24, 2010, as Book

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and Instrument Number 20100324-0002461, identifying MetLife Home Loans, a Division of

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MetLife Bank, N.A. as Lender and Mortgage Electronic Registration Systems, Inc. (“MERS”) as

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the Beneficiary acting solely as a nominee for Lender and Lender’s successors and assigns (the

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“Deed of Trust”).

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WHEREAS an Assignment of Deed of Trust, from MERS to MetLife Home Loans, a

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division of MetLife Bank, N.A. was recorded with the Clark County Recorder’s Office on

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January 24, 2011, as Book and Instrument Number 20110124-0000151.

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WHEREAS a Corporate Assignment of Deed of Trust, from MetLife Home Loans, a

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division of MetLife Bank, N.A. to JPMorgan Chase Bank N.A. (“JPM”) was recorded with the

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Clark County Recorder’s Office on October 17, 2013, as Book and Instrument Number

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20131017-0001337.

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WHEREAS a Nevada Assignment of Deed of Trust, from JPM to Secretary of Housing

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and Urban Development was recorded with the Clark County Recorder’s Office on August 25,
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2015, as Book and Instrument Number 20150825-0002663.

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WHEREAS an Assignment of Deed of Trust, from Secretary of Housing and Urban

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Development to U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (“U.S.

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Case 2:16-cv-02604-JCM-PAL Document 51 Filed 07/31/17 Page 3 of 6

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Bank”) was recorded with the Clark County Recorder’s Office on August 25, 2015, as Book and
Instrument Number 20150825-0002864.

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WHEREAS an Assignment of Deed of Trust, from U.S. Bank to MetLife Home Loans
LLC was recorded with the Clark County Recorder’s Office on July 20, 2017, as Book and

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Instrument Number 20170720-0002635.
WHEREAS U.S. Bank disclaims any interest in the rights and title to the Deed of Trust

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and Property.

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WHEREAS nothing herein shall be deemed or construed to affect, impair or waive any
right, claim or defense of any party to this action, including MetLife Home Loans LLC, or any

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other successor-in-interest.

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NOW WHEREFORE, based on the foregoing,

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IT IS HEREBY STIPULATED AND AGREED that MetLife Home Loans LLC shall be

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substituted in place and stead of U.S. Bank in the pending litigation and MetLife Home Loans

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LLC adopts all pleadings, motion practice and disclosure of documents and witnesses, including

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any expert witness, previously recorded, served and/or filed by U.S. Bank.

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Case 2:16-cv-02604-JCM-PAL Document 51 Filed 07/31/17 Page 4 of 6

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IT IS FURTHER STIPULATED AND AGREED that the caption shall be amended to

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substitute MetLife Home Loans LLC in place of U.S. Bank as the named Plaintiff and

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Counter/Cross-Defendant.

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IT IS SO STIPULATED:

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Dated: July 31, 2017.
WRIGHT, FINLAY & ZAK, LLP

KIM GILBERT EBRON

/s/ Robert A. Riether, Esq. ________
Edgar C. Smith, Esq.
Nevada Bar No. 05506
Robert A. Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff/Counter/CrossDefendants, U.S. Bank Trust, N.A., as
Trustee for LSF9 Master Participation
Trust and MetLife Home Loans, LLC

/s/ Diana Cline Ebron, Esq. _____________
Diana Cline Ebron, Esq.
Nevada Bar No. 10580
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
Attorneys for Defendant/Counter/CrossClaimant, SFR Investments Pool 1, LLC

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BOYACK ORME & ANTHONY

ABSOLUTE COLLECTION SERVICES LLC

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_**See Attached**________________
Edward D Boyack, Esq.
Nevada Bar No. 5229
Kelley K Blanitk, Esq. (of counsel)
Nevada Bar No. 12768
7432 W Sahara Ave
Las Vegas, NV 89117
Attorneys for Defendant, Rio Vista
Homeowners Association

/s/ Shane Cox, Esq. _____________
Shane Cox, Esq.
Nevada Bar No. 13852
8440 W. Lake Mead Blvd. # 210,
Las Vegas, NV 89128
Attorney for Defendant, Absolute Collection
Services, LLC

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Case No.: 2:16-cv-02604-JCM-PAL
IT IS SO ORDERED

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Dated this ____ day of ___________________ 2017.

______________________________________
UNITED STATES MAGISTRATE JUDGE

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Case 2:16-cv-02604-JCM-PAL Document 51 Filed 07/31/17 Page 5 of 6

7th

August

Case 2:16-cv-02604-JCM-PAL Document 51 Filed 07/31/17 Page 6 of 6

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Respectfully submitted by:
WRIGHT, FINLAY & ZAK, LLP

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/s/ Robert A. Riether, Esq.
Edgar C. Smith, Esq.
Nevada Bar No. 05506
Robert A. Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff/Counter/CrossDefendants, U.S. Bank Trust, N.A., as
Trustee for LSF9 Master Participation
Trust and MetLife Home Loans, LLC

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