The Bank of New York Mellon v. Nevada New Builds, LLC et al

Filing 86

SUPPLEMENTAL ORDER Granting Summary Judgment. This lis pendens recorded December 15, 2016, as instrument number 20161215-0001357 with the Clark County recorder is expunged. See Supplemental Order for additional details. Signed by Judge Richard F. Boulware, II on 11/20/2023. (Copies have been distributed pursuant to the NEF - RGDG)

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
DONNA M. WITTIG, ESQ.
Nevada Bar. No. 11015
AKERMAN LLP
1635 Village Center Circle, Ste. 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for The Bank of New York Mellon f/k/a
The Bank of New York Successor Trustee to
JPMorgan Chase Bank, N.A., as Trustee for the
Structured Asset Mortgage Investments II Trust,
Mortgage Pass-Through Certificates, Series 2006AR3

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

AKERMAN LLP

UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Case No.: 2:16-cv-02894-RFB-EJY

THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK SUCCESSOR
TRUSTEE TO JPMORGAN CHASE BANK,
N.A., AS TRUSTEE FOR THE STRUCTURED
ASSET MORTGAGE INVESTMENTS II
TRUST,
MORTGAGE
PASS-THROUGH
CERTIFICATES,
SERIES
2006-AR3,
a
Delaware corporation

SUPPLEMENTAL ORDER
GRANTING SUMMARY JUDGMENT

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Plaintiff,
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vs.
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NEVADA NEW BUILDS, LLC, a Nevada
limited liability company; AFFLUENT REAL
ESTATE INVESTORS, LLC, a domestic limited
company; CANYON WILLOW TROPICANA
(CANYON WILLOW EAST UNIT 1), a Nevada
non-profit company; and Equity HOLDING
CORP., as Trustee for THE EAST TROPICANA
AVENUE TRUST NO. 15115151 DATED
12/01/2015, a California Trust,

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Defendants.
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57455076;1

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Equity HOLDING CORP., as Trustee for THE
EAST TROPICANA AVENUE TRUST NO.
15115151 DATED 12/01/2015, a California
Trust,

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Counterclaimant,
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vs.
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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK SUCCESSOR
TRUSTEE TO JPMORGAN CHASE BANK,
N.A., AS TRUSTEE FOR THE STRUCTURED
ASSET MORTGAGE INVESTMENTS II
TRUST,
MORTGAGE
PASS-THROUGH
CERTIFICATES,
SERIES
2006-AR3,
a
Delaware corporation; DOES 1 through 10; and
ROE CORPORATIONS 1 through 10, inclusive,

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

AKERMAN LLP

Counterdefendants.
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This Court, pursuant to its oral ruling March 15, 2021 and minutes entered March 16, 2021,

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finds the HOA foreclosure sale conducted by Canyon Willow Tropicana (Canyon Willow East Unit

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1) on August 23, 2013, was a sub-priority sale only. The deed of trust recorded with the Clark

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County Recorder November 23, 2005 as instrument number 20051123-0002376 (deed of trust),

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remains a valid, secured encumbrance against the property located at 5710 East Tropicana Ave,

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#1075, Las Vegas, Nevada 89122, APN 161-21-813-065. All persons or entities who were granted

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title or an interest in the property through the HOA foreclosure sale took such title or interest subject

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to the deed of trust. This lis pendens recorded December 15, 2016, as instrument number 20161215-

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0001357 with the Clark County recorder is expunged.

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This order may be recorded.

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IT IS SO ORDERED.
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UNITED STATES DISTRICT COURT JUDGE
Case No.: 2:16-cv-02894-RFB-EJY

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November 20, 2023
DATED

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57455076;1

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