Bank of America, National Association et al v. Giavanna Homeowners' Association et al

Filing 23

CONSENT JUDGMENT Granting 20 Stipulated/Consent Judgment in favor of Bank of America, National Association, Federal National Mortgage Association against Giavanna Homeowners' Association, Nevada Association Services, Inc. Signed by Judge Andrew P. Gordon on 12/16/2019. (Copies have been distributed pursuant to the NEF - ADR)

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Bank of America, N.A. and Federal
National Mortgage Association
UNITED STATES DISTRICT COURT

AKERMAN LLP

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

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DISTRICT OF NEVADA

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BANK
OF
AMERICA,
NATIONAL
ASSOCIATION; and FEDERAL NATIONAL
MORTGAGE ASSOCIATION, a government
sponsored enterprise,

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Plaintiffs,

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GIAVANNA HOMEOWNERS ASSOCIATION
AKA THE GIAVANNA; and NEVADA
ASSOCIATION SERVICES, INC.;

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

vs.

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Case No.: 2:16-cv-02763-APG-EJY

Defendants.

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Plaintiffs Bank of America, N.A. (BANA) and Federal National Mortgage Association
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(Fannie Mae) and defendant Giavanna Homeowners Association aka the Giavanna (Giavanna), the
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only parties to have appeared in this matter, through their counsel of record, stipulate as follows:
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1.

This matter relates to real property located at 3648 Lakeside Villas Avenue, North Las

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Vegas, Nevada, 89081, APN 123-31-112-061 (the Property). The Property is more specifically
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described as:
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LOT 236 OF FINAL MAP OF RUNVEE HOBART UNIT 2A, AS SHOWN BY MAP
THEREOF ON FILE IN BOOK 124 OF PLATS, PAGE 11, IN THE OFFICE OF THE
COUNTY RECORDER OF CLARK COUNTY, NEVADA

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APN 123-31-112-061
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50458080;1

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2.

BANA, on Fannie Mae's behalf, is the beneficiary of record of a Deed of Trust that

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encumbers the Property and was recorded on August 31, 2007, as Instrument No. 20070831-0003807

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(the Deed of Trust).

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3.

On April 15, 2011, Giavanna recorded a Foreclosure Deed as Instrument No.

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201104150000243 (the HOA Foreclosure Deed), reflecting that Giavanna purchased the Property at

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a foreclosure sale of the Property held on April 1, 2011 (the HOA Sale).

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4.

Giavanna has not transferred its interest and is currently the title holder of record.

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5.

On December 2, 2016, BANA and Fannie Mae initiated an action for quiet title and

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AKERMAN LLP

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

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damages against Giavanna and Nevada Association Services, Inc. (NAS) in the United States District
Court, District of Nevada, Case No. 2:16-cv-02763-APG-EJY.

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6.

BANA, Fannie Mae, and Giavanna have agreed to a resolution of all claims against

Giavanna and NAS.

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7.

The parties have agreed as part of their settlement that the Deed of Trust survived and

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was not extinguished in any capacity by the HOA Sale or the recording of the HOA Foreclosure Deed.

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

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HOA Foreclosure Deed, and Giavanna's interest in the Property is subject to the Deed of Trust. This

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stipulation is made for purposes of this action only and is not a waiver by any Party of its legal position

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in any other case or an admission of liability in this or any other action.

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8.

Based on this stipulation, BANA stipulates to dismissing its breach of NRS 116.1113

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and wrongful foreclosure claims against Giavanna and NAS with prejudice.

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DATED: December 11, 2019.

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AKERMAN LLP

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

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AKERMAN LLP

BOYACK ORME & ANTHONY

/s/ Nicholas E. Belay, Esq.
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Colli C. McKiever, Esq.
EDWARD D. BOYACK, ESQ.
Nevada Bar No. 005229
COLLI C. MCKIEVER, ESQ.
Nevada Bar No. 13724
7432 W. Sahara Ave., Suite 101
Las Vegas, NV 89117

Attorneys for Bank of America, N.A. and
Federal National Mortgage Association

Attorneys for Giavanna Homeowners
Association

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50458080;1

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ORDER

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Based on the above stipulation between plaintiffs Bank of America, N.A. (BANA) and Federal

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National Mortgage Association (Fannie Mae) and defendant Giavanna Homeowners Association aka

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the Giavanna (Giavanna), the Parties' agreement, and good cause appearing therefore,

Nevada against the real property located at 3648 Lakeside Villas Avenue, North Las Vegas, Nevada,

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89081, APN 123-31-112-061 (the Property) on August 31, 2007, as Instrument No. 20070831-

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0003807 (Deed of Trust) was not extinguished, impaired, or otherwise affected by the foreclosure

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sale conducted by Giavanna on April 1, 2011, or the recording of the Foreclosure Deed in the Official

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AKERMAN LLP

IT IS ORDERED that the Deed of Trust recorded in the Official Records of Clark County,

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

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Records of Clark County, Nevada on April 15, 2011, as Instrument No. 201104150000243, reflecting

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that Giavanna purchased the Property at the HOA Foreclosure Sale. Giavanna's interest in the Property

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is subject to the Deed of Trust.

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IT IS FURTHER ORDERED that BANA and Fannie Mae shall be entitled to record this

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STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING VALIDITY OF DEED OF

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TRUST in the Official Records of Clark County, Nevada in accordance with the rules of the Recorder's

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Office.

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IT IS FURTHER ORDERED BANA's breach of NRS 116.1113 and wrongful foreclosure
claims against Giavanna and Nevada Association Services, Inc., are dismissed with prejudice.

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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.
Dated: this _____ 16, 2019.
DATEDDecember day of ____________________, 2019.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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Case No. 2:16-cv-02763-APG-EJY

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50458080;1