Ditech Financial LLC, et al v. Chalet Vegas Homeowners Association

Filing 30

ORDER Granting 29 Stipulation of Final Judgment. Signed by Judge Andrew P. Gordon on 7/6/2020. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4
5
6

KRISTA J. NIELSON, ESQ.
Nevada Bar No. 10698
TIFFANY & BOSCO, P.A.
10100 W. Charleston Blvd., Ste. 220
Las Vegas, Nevada 89135
[phone]
Attorney for Plaintiffs
TB# 15-71882

7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10

DITECH FINANCIAL LLC, fka GREEN TREE
SERVICING LLC and FEDERAL NATIONAL
MORTGAGE ASSOCIATION,

11
12
13
14
15
16

Plaintiffs,

Case No.: 2:16-CV-2702-APG-NJK

STIPULATION AND ORDER OF FINAL
JUDGMENT CONFIRMING
EXISTENCE AND VALIDITY OF
DEED OF TRUST AND RELEASE OF
LIS PENDENS

vs.
CHALET VEGAS HOMEOWNERS
ASSOCIATION, a Nevada Homeowners
Association,
Defendants.

17
18

Plaintiffs, DITECH FINANCIAL LLC, fka GREEN TREE SERVICING LLC and

19

FEDERAL NATIONAL MORTGAGE ASSOCIATION (“Plaintiffs”), and Defendant, CHALET

20

VEGAS HOMEOWNERS ASSOCIATION (“Defendant” or “HOA”), by and through their

21

undersigned and respective counsel of record, hereby stipulation and agree as follows:

22

1. This matter relates to the real property located at 4600 Swenson Street #113, Las Vegas,

23

Nevada 89169, APN 162-22-310-113 (the “Property”). The Property is more specifically

24

described as:

25

PARCEL 1:
AN UNDIVIDED ONE/TWENTIETH (1/20TH) FRACTIONAL
INTEREST AS TENANT-IN-COMMON IN AND TO PHASE IV OF CHALET VEGAS
FILED IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY,
NEVADA, ON OCTOBER 11, 1984 IN BOOK 32, PAGE 27 OF PLATS AS
INSTRUMENT NO. 1964371, AND CERTIFICATE OF AMENDMENTS THERETO
RECORDED NOVEMBER 20, 1984 IN BOOK 2025 OF OFFICIAL RECORDS AS
DOCUMENT NO. 1984021 AND JUNE 4, 1985 IN BOOK 2120 AS DOCUMENT NO.

26
27
28

-1-

1
2
3
4

2079092 OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE FOLLOWING:
UNITS 5 THROUGH 61, 106 THROUGH 115 AND 159 THROUGH 163 OF CHALET
VEGAS, PHASE IV, CONDOMINIUM PLAN RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF CLARK COUNTY, NEVADA, ON OCTOBER 11, 1984,
AS DOCUMENT NO. 1964371, AND CERTIFICATE OF AMENDMENT THERETO
RECORDED NOVEMBER 20, 19841N BOOK 2025 OF OFFICIAL RECORDS AS
DOCUMENT N0.1984021.

17

PARCEL II: UNIT NO. ONE HUNDRED THIRTEEN (113) OF PHASE IV, AS
SHOWN UPON THE CONDOMINIUM PLAN REFERRED TO ABOVE. PARCEL Ill:
THE EXCLUSIVE RIGHT TO USE, POSSESSION AND OCCUPANCY OF THOSE
PORTIONS OF PARCEL II DESCRIBED ABOVE, AS RESTRICTED COMMON
AREAS ON THE CONDOMINIUM PLAN REFERRED TO ABOVE, WHICH RIGHT
IS APPURTENANT TO PARCELS I AND II ABOVE. PARCEL IV: A NONEXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE COMMON
AREA OF PHASES I, II, Ill, V THROUGH XI, INCLUSIVE, OF CHALET VEGAS,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY,
NEVADA, ON OCTOBER 11, 1984, WHICH EASEMENT IS APPURTENANT TO
PARCELS I, II AND Ill DESCRIBED ABOVE. THIS EASEMENT SHALL BECOME
EFFECTIVE UPON THE RECORDATION OF A DECLARATION OF ANNEXATION
DECLARING PHASES II THROUGH XI TO BE SUBJECT TO THE DECLARATION
OF RESTRICTIONS TO WHICH REFERENCE IS HEREAFTER MADE OR A
SEPARATE DECLARATION OF RESTRICTIONS WHICH REQUIRES THE
OWNERS OF PHASES II THROUGH XI TO BE MEMBERS OF THEASSOCIATION
(AS DEFINED BELOW), ALL AS MORE FULLY SET FORTH IN THE
DECLARATION TO WHICH REFERENCE IS HEREAFTER MADE. THE COMMON
AREA REFERRED TO HEREIN AS PHASES II THROUGH XI AS SHOWN AND
DESCRIBED ON THE CONDOMINIUM PLAN COVERING PHASES II THROUGH
XI RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF CLARK
COUNTY, NEVADA, EXCEPTING THEREFROM ANY RESIDENTIAL BUILDING
THEREON AND ANY PORTION THEREOF WHICH MAY BE DESIGNATED AS
AN EXCLUSIVE USE AREA.

18

2. The Deed of Trust that encumbers the Property was recorded on May 21, 2007, as

19

Instrument No. 20070521-0003190, in the Official Records of Clark County, Nevada (the

20

“Deed of Trust”).

5
6
7
8
9
10
11
12
13
14
15
16

21
22

3. In July 2007, Federal National Mortgage Association acquired ownership of the loan,
including the Deed of Trust and associated promissory note.

23

4. On July 16, 2014, Hampton & Hampton Collections LLC, recorded a Trustee’s Deed

24

Upon Sale as Instrument No. 20140716-0001892 (the “Foreclosure Deed”), which

25

reflected that Chalet Vegas Homeowners Association acquired the Property for the sum

26

of $6,305.00 (the “HOA Sale”).

27
28

5. The HOA has not transferred its interest in the Property and is still the title holder of
record.

-2-

1

6. On November 23, 2016, Plaintiffs initiated a quiet title action against the HOA in the

2

United States District Court, District of Nevada, Case No. 2:16-CV-2702-APG-NJK (the

3

“Quiet Title Action”).

4

7. Plaintiffs and the HOA have entered a settlement agreement in which they have settled all

5

claims between them in this case. This Stipulation and Order applies to the matters

6

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

7

8. The HOA agrees that the Deed of Trust survived and was not extinguished in any capacity

8

by the HOA Sale. The Deed of Trust remains a valid encumbrance against the Property

9

following the recording of the Foreclosure Deed, and the HOA’s interest in the Property

10

is subject to the Deed of Trust.

11

9. Additionally, the HOA agrees it will not contest any foreclosure proceedings by Plaintiffs

12

or their successors-in-interest regarding the Property.

13

10. The HOA also agrees that it will not transfer any interest in the Property that it purportedly

14

obtained at the HOA Sale to any other person or entity following execution of this

15

Stipulation.

16

/././

17

/././

18

/././

19

/././

20

/././

21

/././

22

/././

23

/././

24

/././

25

/././

26

/././

27

/././

28

/././

-3-

1
2
3
4
5
6

11. The Parties further stipulate and agree that the Quiet Title Action is hereby dismissed with
prejudice and that each party is to bear its own fees and costs.
12. The Parties further stipulate that this Stipulation and Order may be recorded in the Official
Records of the Clark County Recorder.
13. The parties further stipulate that the Lis Pendens recorded as Instrument No. 201507020001758 on July 2, 2015, is hereby released and expunged from public records.

7
8
9

DATED this 6th day of July, 2020.

DATED this 6th day of July, 2020.

TIFFANY & BOSCO, P.A.

LEACH KERN GRUCHOW ANDERSON
SONG

/s/ Krista J. Nielson, Esq.
Krista J. Nielson, Esq.
10100 W. Charleston Blvd., Suite 220
Las Vegas, Nevada 89135
Attorneys for Plaintiffs

/s/ Ryan D. Hastings, Esq.
Ryan Hastings, Esq.
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Attorneys for Defendant

10
11
12
13
14
15
16
17
18

IT IS SO ORDERED.
________________________________________
UNITED STATES DISTRICT COURT JUDGE

Dated: July 6, 2020.
DATED: ________________________________

19
20
21
22
23
24
25
26
27
28

-4-