Hollyvale Rental Holdings, LLC v. Baum et al

Filing 82

ORDER Granting 81 Stipulation re 77 Order on Motion to Dismiss. Signed by Judge Richard F. Boulware, II on 11/27/2018. (Copies have been distributed pursuant to the NEF - ADR)

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Avenue, Suite 200
Las Vegas, NV 89117
Tel: [phone]; Fax: [phone]
[e-mail]
Attorneys for Defendant/Counterclaimant Federal National Mortgage Association
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CHAMPERY RENTAL REO, LLC,
Plaintiff,

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Case No.: 2:16-cv-02888-RFB-PAL
STIPULATION AND ORDER

vs.
JARED K. BAUM, an individual; CHARLENE
M. BAUM, an individual; FEDERAL
NATIONAL MORTGAGE ASSOCIATION;
QUALITY LOAN SERVICE CORPORATION;
RED ROCK FINANCIAL SERVICES; VILLAS
AT TIERRA LINDA HOMEOWNERS
ASSOCIATION; All other persons unknown
claiming any right, title, estate, lien or interest in
the real property described in the Complaint
adverse to Plaintiff’s ownership, or any cloud
upon Plaintiff’s title thereto; DOES I through V;
and ROE Corporations I through V,

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Defendants.
_______________________________________
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

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Counterclaimant,

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vs.

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CHAMPERY RENTAL REO, LLC,
Counter-Defendant.

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Plaintiff/Counter-Defendant

CHAMPERY

RENTAL

REO,

LLC

(“Champery”),

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Defendant/Counterclaimant FEDERAL NATIONAL MORTGAGE ASSOCIATION (“Fannie

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Mae”) and Defendant RED ROCK FINANCIAL SERVICES, LLC (“Red Rock”) (collectively

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hereinafter referred to as the “Parties”), by and through their respective counsel of record, hereby

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stipulate and agree as follows.

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1.

The above-captioned action concerns title to real property commonly known as

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12030 Giles Street, Las Vegas, Nevada 89123, APN: 191-04-415-049 (the “Property”) and

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further legally described as stated in that Deed of Trust recorded on August 29, 2006, as

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Instrument number 20060829-0005835 in the Office of the Clark County Recorder (the “Deed of

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Trust”).

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2.

Fannie Mae and Champery have entered into a separate Settlement Agreement

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and Release (the “Agreement”) as a matter of compromise to adjudicate their respective interest

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in and/or to the Property.

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3.

Pursuant to the Agreement, it is hereby stipulated and agreed the Champery is the

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owner of the Property by way of a homeowners’ association foreclosure sale occurring on or

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about July 12, 2016, as reflected in that Foreclosure Deed recorded on September 16, 2016, as

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Instrument number 20160916-0001180 in the Office of the Clark County Recorder (the “HOA

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Sale”).

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4.

Pursuant to the Agreement, it is hereby stipulated and agreed that Fannie Mae is

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the owner and record beneficiary of the Deed of Trust, and that Fannie Mae has received sums to

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release or reconvey the Deed of Trust.

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5.

Pursuant to the Agreement, it is hereby stipulated and agreed that Champery owns

the Property free and clear of the Deed of Trust.

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6.

Pursuant to the Agreement, it is hereby stipulated and agreed that Fannie Mae will

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receive the surplus funds or excess proceeds from the HOA Sale in the amount of $19,459.97,

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currently held by Red Rock, and that Red Rock shall immediately pay the surplus funds or

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excess proceeds to Fannie Mae.

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///

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7.

Pursuant to the Agreement, the Parties hereby submit this Stipulation and Order

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for the Court to adopt as a final order, judgment and decree of the above-captioned action, with

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each party to bear their own attorney’s fees and costs as to each other.

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IT IS SO STIPULATED AND AGREED.

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DATED this 27th day of August, 2018.

DATED this 27th day of August, 2018.

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WRIGHT, FINLAY & ZAK, LLP

HUTCHISON & STEFFEN, PLLC

/s/ Christina V. Miller, Esq.
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., #200
Las Vegas, NV 89117
Attorneys for Defendant/Counterclaimant
Federal National Mortgage Association

/s/ Matthew K. Schriever, Esq.
John T. Steffen, Esq.
Nevada Bar No. 4390
Matthew K. Schriever, Esq.
Nevada Bar No. 10745
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145
Attorneys for Plaintiff/Counter-Defendant
Champery Rental REO, LLC

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DATED this 29th day of August, 2018.
KOCH & SCOW LLC
/s/ Steven B. Scow, Esq.
David R. Koch, Esq.
Nevada Bar No. 8830
Steven B. Scow, Esq.
Nevada Bar No. 9906
Brody R. Wight, Esq.
Nevada Bar No. 13615
11500 S. Eastern Ave., Suite 210
Henderson, NV 89052
Attorneys for Defendant, Red Rock
Financial Services

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IT IS SO ORDERED:

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November 27, 2018.
DATED: _______________________

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__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
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