Ditech Financial LLC et al v. Park Avenue Homeowners' Association et al
Filing
47
ORDER. The 38 Motion for Summary Judgment is DENIED as moot. ORDER Granting 46 Stipulation. See Order for Details. Signed by Judge Jennifer A. Dorsey on 12/4/2019. (Copies have been distributed pursuant to the NEF - JQC)
Case 2:16-cv-03021-JAD-NJK Document 46 Filed 12/03/19 Page 1 of 5
1
2
3
4
5
6
7
8
9
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: (702) 634-5000
Facsimile: (702) 380-8572
Email: ariel.stern@akerman.com
Email: scott.lachman@akerman.com
Attorneys for Ditech Financial LLC fka
Green Tree Servicing, LLC and Federal
National Mortgage Association
AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
10
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA
12
13
14
DITECH FINANCIAL LLC f/k/a GREEN
TREE SERVICING, LLC; FEDERAL
NATIONAL MORTGAGE ASSOCIATION,
15
16
Plaintiffs,
19
ECF Nos. 38, 46
PARK AVENUE HOMEOWNERS
ASSOCIATION; and RED ROCK FINANCIAL
SERVICES, LLC,
Defendants.
20
21
STIPULATION AND ORDER OF FINAL
JUDGMENT CONFIRMING VALIDITY
OF DEED OF TRUST
v.
17
18
Case No.: 2:16-cv-03021-JAD-NJK
AND ALL RELATED CLAIMS
22
23
Plaintiffs Ditech Financial LLC f/k/a Green Tree Servicing, LLC (Ditech) and Federal
24
National Mortgage Association (Fannie Mae), defendant and cross-claimant Park Avenue
25
Homeowners Association (Park Avenue), and defendant and cross-defendant Red Rock Financial
26
Services, LLC (Red Rock), through their counsel of record, stipulate as follows:
1.
27
28
This matter relates to real property at located 87 East Agate Avenue, #206, Las Vegas,
Nevada, APN 177-21-215-092 (the Property). The Property is more specifically described as:
50598304;1
50986172;1
Case 2:16-cv-03021-JAD-NJK Document 46 Filed 12/03/19 Page 2 of 5
1
2
3
4
5
6
7
PARCEL I:
ONE (1) ALLOCATED INTEREST (EXCEPT ASSOCIATION PROPERTY) AS TENANT IN
COMMON IN THE COMMON ELEMENTS WITHIN PHASE 1 OF PARK AVENUE
CONDOMINIUMS UNIT I AS SHOWN BY MAP THEREOF ON FILE IN BOOK 99 OF PLATS,
PAGE 24, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA,
AS PHASES ARE ANNEXED, THE ALLOCATED INTEREST FOR EACH UNIT WILL BE A
FRACTION, THE NUMERATOR OF WHICH WILL BE ONE (1), AND THE DENOMINATOR,
OF WHICH WILL BE THE TOTAL OF ALL UNITS IN ALL PHASES THAT BECOME SUBJECT
TO THE DECLARATION.
EXCEPTING THEREFROM ALL LIVING UNITS AND ASSOCIATION PROPERTY IN PHASE
1 OF PARK AVENUE CONDOMINIUMS UNIT 1
8
9
AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
10
11
12
13
14
15
AND RESERVING THEREFROM THE RIGHT TO POSSESSION OF ALL THOSE AREAS
DESIGNATED AS LIMITED COMMON ELEMENTS AS SHOWN UPON THE PLAT
REFERRED TO ABOVE.
AND FURTHER RESERVING THEREFROM FOR THE BENEFIT OF THE OWNERS OF
CONDOMINIUMS IN SUBSEQUENT PHASES, NON-EXCLUSIVE EASEMENT ON OVER
AND ACROSS THE ASSOCIATION AREAS AS DEFINED AND SHOWN UPON THE PLAT
REFERRED TO ABOVE FOR INGRESS, EGRESS AND RECREATIONAL USE, SUBJECT TO
THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARK
AVENUE CONDOMINIUMS A COMMON INTEREST CONDOMINIUM DEVELOPMENT
RECORDED AUGUST 3, 2001 IN BOOK 20010803 AS DOCUMENT NO 00962 AS THE SAME
MAY FROM TIME TO TIME BE AMENDED AND/OR SUPPLEMENTED, TO WHICH
REFERENCE IS HEREAFTER MADE.
16
17
PARCEL II:
19
LIVING UNIT 206 IN BUILDING 19 OF PARK AVENUE CONDOMINIUMS UNIT 1 AS
SHOWN BY MAP THEREOF ON FILE IN BOOK 99 OF PLATS, PAGE 24 IN THE OFFICE OF
THE COUNTY RECORDER OR CLARK COUNTY, NEVADA
20
PARCEL III:
21
23
THE EXCLUSIVE RIGHT TO USE, POSSESSION AND OCCUPANCY OF THOSE PORTIONS
OF THE LIMITED COMMON ELEMENTS DESCRIBED IN SECTION 2.3 OF THE
COVENANTS, CONDITIONS, AND RESTRICTIONS, AND DEPICTED AS PARKING SPACE
P130, WHICH ARE APPURTENANT TO AND FOR THE EXCLUSIVE USE OF PARCEL TWO.
24
PARCEL IV:
25
A NON-EXCLUSIVE EASEMENT ON AND OVER THE ASSOCIATION PROPERTY (AS
DEFINED IN THE DECLARATION) FOR ACCESS, USE, OCCUPANCY, ENJOYMENT,
INGRESS, EGRESS AND USE OF THE AMENITIES LOCATED THEREON, SUBJECT TO THE
TERMS AND PROVISION OF THE DECLARATIONS. THIS EASEMENT IS APPURTENANT
TO PARCEL ONE (1) TWO (2) AND THREE (3) ABOVE DESCRIBED.
18
22
26
27
28
2
APN 177-21-215-092
50986172;1
Case 2:16-cv-03021-JAD-NJK Document 46 Filed 12/03/19 Page 3 of 5
1
2.
Ditech, on Fannie Mae's behalf, is the beneficiary of record of a Deed of Trust that
2
encumbers the Property and was recorded on August 27, 2004, as Instrument No. 20040827-0004911
3
(the Deed of Trust).
4
3.
On July 23, 2012, Park Avenue recorded a Foreclosure Deed as Instrument No.
5
201207230001659 (the HOA Foreclosure Deed), reflecting that Park Avenue purchased the Property
6
at a foreclosure sale of the Property held on July 17, 2012 (the HOA Sale).
7
4.
Park Avenue has not transferred its interest and is currently the title holder of record.
8
5.
On December 29, 2016, Ditech and Fannie Mae initiated an action for quiet title and
9
AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
10
damages against Park Avenue and Red Rock in the United States District Court, District of Nevada,
Case No. 2:16-cv-023021-JAD-NJK.
11
12
6.
Ditech, Fannie Mae, and Park Avenue have entered into a settlement agreement in
which Ditech and Fannie Mae have resolved all claims against Park Avenue and Red Rock.
13
7.
The parties have agreed as part of their settlement agreement that the Deed of Trust
14
survived and was not extinguished in any capacity by the HOA Sale or the recording of the HOA
15
Foreclosure Deed. The Deed of Trust remains a valid encumbrance against the Property following the
16
recording of the HOA Foreclosure Deed, and Park Avenue's interest in the Property is subject to the
17
Deed of Trust. This stipulation is made for purposes of this action only and is not a waiver by any
18
Party of its legal position in any other case or an admission of liability in this or any other action.
19
///
20
///
21
///
22
///
23
///
24
///
25
///
26
///
27
///
28
3
APN 177-21-215-092
50986172;1
Case 2:16-cv-03021-JAD-NJK Document 46 Filed 12/03/19 Page 4 of 5
1
8.
Based on this stipulation, Ditech stipulates to dismissing its breach of NRS 116.1113
2
and wrongful foreclosure claims against Park Avenue and Red Rock, and Park Avenue stipulates to
3
dismissing its cross-claims against Red Rock, with prejudice.
4
DATED this 3rd day of December, 2019.
5
6
AKERMAN LLP
LEACH KERN GRUCHOW ANDERSON SONG
7
/s/ Scott R. Lachman
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
/s/ J. Tyler King
SEAN L. ANDERSON, ESQ.
Nevada Bar No. 7259
J. TYLER KING, ESQ.
Nevada Bar No. 14895
2525 Box Canyon Drive
Las Vegas, NV 89128
Attorneys for Ditech Financial LLC f/k/a Green
Tree Servicing, LLC and Federal National
Mortgage Association
Attorneys for Park Avenue Homeowners'
Association
8
9
AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
10
11
12
13
14
15
16
17
18
19
20
KOCH & SCOW LLC
/s/ David R. Koch
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 Avenue, Suite 210
Henderson, NV 89052
21
Attorneys for Red Rock Financial Services, LLC
22
23
24
25
26
27
28
4
APN 177-21-215-092
50986172;1
Case 2:16-cv-03021-JAD-NJK Document 46 Filed 12/03/19 Page 5 of 5
1
ORDER
2
stipulation [46]
Based on the above stipulation between plaintiffs Ditech Financial LLC f/k/a Green Tree
3
Servicing, LLC (Ditech) and Federal National Mortgage Association (Fannie Mae), defendant and
4
cross-claimant Park Avenue Homeowners Association (Park Avenue), and defendant and cross-
5
defendant Red Rock Financial Services, LLC (Red Rock), the Parties' agreement, and good cause
6
appearing therefore,
Nevada against the real property located at 87 East Agate Avenue, #206, Las Vegas, Nevada, APN
9
177-21-215-092 (the Property) on August 27, 2004, as Instrument No. 20040827-0004911 was not
10
AKERMAN LLP
IT IS ORDERED that the Deed of Trust recorded in the Official Records of Clark County,
8
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
7
extinguished, impaired, or otherwise affected by the foreclosure sale conducted by Park Avenue on
11
July 17, 2012, or the recording of the Foreclosure Deed in the Official Records of Clark County,
12
Nevada on July 23, 2012, as Instrument No. 201207230001659, reflecting that Park Avenue purchased
13
the Property at the HOA Foreclosure Sale. Park Avenue's interest in the Property is subject to the
14
Deed of Trust.
15
IT IS FURTHER ORDERED that Ditech and Fannie Mae shall be entitled to record this
16
STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING VALIDITY OF DEED OF
17
TRUST in the Official Records of Clark County, Nevada in accordance with the rules of the Recorder's
18
Office. This Order shall be only be recorded against the Property and shall not be recorded against
19
Park Avenue.
20
IT IS FURTHER ORDERED Ditech's breach of NRS 116.1113 and wrongful foreclosure
21
claims against Park Avenue and Red Rock, and Park Avenue's cross-claims against Red Rock, are
22
dismissed with prejudice.
23
24
25
26
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.
The Motion for Summaryof ____________________,DENIED as moot, and the Clerk of Court
DATED this _____ day Judgment [ECF No. 38] is 2019.
is directed to CLOSE THIS CASE.
_________________________________
_________________
__
__ _ _ _ _
DISTRICT COURTct Judge Jennifer A. D
JUDGE Jennifer A Dorsey
U.S. District Judg
Judge
fe
Case No. Dated: December 4, 2019
2:16-cv-023021-JAD-NJK
27
28
5
APN 177-21-215-092
50986172;1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?