Bayview Loan Servicing, LLC et al v. Washington & Sandhill Homeowners Association et al

Filing 50

ORDER granting 48 Stipulation Confirming Existence and Validity of Deed of Trust. FINAL JUDGMENT. Signed by Chief Judge Gloria M. Navarro on 7/19/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00026-GMN-CWH Document 48 Filed 07/18/18 Page 1 of 5

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
VATANA LAY, ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs Bayview Loan
Servicing, LLC and Federal Home Loan
Mortgage Corporation

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IN THE UNITED STATES DISTRICT COURT

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AKERMAN LLP

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

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DISTRICT OF NEVADA
BAYVIEW LOAN SERVICING, LLC; and
FEDERAL HOME LOAN MORTGAGE
CORPORATION,

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Plaintiff,

Case No.: 2:17-cv-00026-GMN-CWH
STIPULATION AND ORDER OF FINAL
JUDGMENT CONFIRMING EXISTENCE
AND VALIDITY OF DEED OF TRUST

vs.
WASHINGTON & SANDHILL
HOMEOWNERS ASSOCIATION;
ABSOLUTE COLLECTION SERVICES, LLC;
SILVER STREAM ADVISORS, LLC; and
NEW DIRECTION IRA, INC. FBO MARIJO
TINLIN, IRA,
Defendants.

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Bayview Loan Servicing, LLC (Bayview), Federal Home Loan Mortgage Corporation (Freddie

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Mac), Washington & Sandhill Homeowners Association (Washington), Absolute Collection

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Services, LLC (ACS), New Direction IRA (New Direction), and Silver Stream Advisors, LLC (Silver

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Stream) by and through their undersigned counsel of record, stipulate as follows:

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1.

This matter relates to real property located at 925 Swiss Street, Las Vegas, Nevada

89110, APN 140-30-612-033 (the Property). The Property is more specifically described as:

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LOT EIGHTY-TWO (82) IN BLOCK THREE (3) OF WASHINGTON &
SANDHILL UNIT 4 AS SHOWN BY MAP THEREOF ON FILE IN
BOOK 88 OF PLATS, PAGE 36, IN THE OFFICE OF THE COUNTY
RECORDER, CLARK COUNTY, NEVADA.

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APN 140-30-612-033
44551713;1

Case 2:17-cv-00026-GMN-CWH Document 48 Filed 07/18/18 Page 2 of 5

APN: 140-30-612-033

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encumbers the Property and was recorded on October 31, 2006 as Instrument No. 20061031-0006241
(the Deed of Trust).
3.

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AKERMAN LLP

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

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reflecting that Silver Stream purchased the Property at a foreclosure sale of the Property held July 15,
2014 (the HOA Sale).
4.

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0002004;
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District Court, District of Nevada, Case No. 2:17-cv-00026 (the Quiet Title Action).
6.

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The Parties have entered a settlement agreement in which all claims between the parties

have been resolved.
7.

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On January 4, 2017, Bayview and Freddie Mac initiated an action for quiet title and

damages against Silver Stream, Washington & Sandhill, New Direction, and ACS in the United States

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Silver Stream transferred its interest in the Property to New Direction by Quit Claim

Deed recorded in the Clark County recorder’s office on January 11, 2016 as Instrument No. 20160111-

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On July 16, 2014, Silver Stream recorded a Foreclosure Deed as Instrument Number

20140716-0003120 of the Official Records of Clark County, Nevada (the HOA Foreclosure Deed),

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Bayview, on Freddie Mac's behalf, is the beneficiary of record of a Deed of Trust that

The parties have agreed as part of their settlement agreement, and the Court incorporates

that agreement and its provision, that the Deed of Trust survived and was not extinguished in any
capacity by the HOA Sale, the recording of the HOA Foreclosure Deed, or the recording of the Quit
Claim Deed to New Direction. The Deed of Trust remains a valid encumbrance against the Property
following the recording of the HOA Foreclosure Deed, and New Direction's interest in the Property is
subject to the Deed of Trust. This stipulation is made for purposes of this action only and is not a
waiver by any Party of its legal position in any other case or an admission of liability in this or any
other action.
//
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APN 140-30-612-033
44551713;1

Case 2:17-cv-00026-GMN-CWH Document 48 Filed 07/18/18 Page 3 of 5

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DATED this 18th day of July, 2018

DATED this 18th day of July, 2018

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AKERMAN LLP

GORDON REES SCULLY MANSUKHANI, LLP

/s/ Vatana Lay
MELANIE MORGAN, ESQ.
Nevada Bar No. 8215
VATANA LAY, ESQ.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Wing Yan Wong
WING YAN WONG, ESQ.
Nevada Bar No. 13622
300 S. Fourth Street, Ste. 1550
Las Vegas, Nevada 89101

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Attorney for Washington & Sandhill HOA

Attorneys for Plaintiffs

AKERMAN LLP

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

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DATED this 18th day of July, 2018

DATED this 18th day of July, 2018

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ABSOLUTE COLLECTION SERVICES, LLC

ALDRICH LAW FIRM, LTD.

/s/ Shane D. Cox
SHANE D. COX, ESQ.
Nevada Bar No. 13852
8440 W. Lake Mead Blvd., Suite 210
Las Vegas, Nevada 89128

/s/ John P. Aldrich
JOHN P. ALDRICH
Nevada Bar No. 6877
CATHERINE HERNANDEZ, ESQ.
Nevada Bar No. 8410
300 S. Fourth Street, Ste. 1550
Las Vegas, Nevada 89101

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Attorneys for Absolute Collection Services,
LLC

Attorney for Silver Stream Advisors, LLC and
New Direction IRA

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APN 140-30-612-033
44551713;1

Case 2:17-cv-00026-GMN-CWH Document 48 Filed 07/18/18 Page 4 of 5

ORDER

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Based on the above stipulation between Bayview Loan Servicing, LLC (Bayview), Federal

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Home Loan Mortgage Corporation (Freddie Mac), Washington & Sandhill Homeowners Association

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(Washington), Absolute Collection Services, LLC (ACS), New Direction IRA (New Direction), and

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Silver Stream Advisors, LLC (Silver Stream), the Parties' agreement, and good cause appearing

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therefore,

Nevada against the real property located at 925 Swiss Street, Las Vegas, Nevada 89110, APN 140-30-

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612-033 (the Property) on October 31, 2006 as Instrument No. 20061031-0006241 (the Deed of

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Trust) was not extinguished, impaired, or otherwise affected by the foreclosure sale conducted by

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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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Washington & Sandhill on July 15, 2014 or the recording of the Foreclosure Deed in the Official

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Records of Clark County, Nevada, on July 16, 2014, as Instrument Number 20140716-0003120,

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reflecting that Silver Stream purchased the Property at the foreclosure sale, or the recording of the

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Quit Claim Deed in the Official Records of Clark County, Nevada on January 11, 2016 as Instrument

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No. 20160111-0002004, reflecting that Silver Stream transferred its interest in the Property to New

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Direction. New Direction’s interest in the Property is subject to the Deed of Trust.

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IT IS FURTHER ORDERED that Bayview shall be entitled to record this STIPULATION

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AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED

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OF TRUST in the Official Records of Clark County, Nevada in accordance with the rules of the

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Recorder's Office.

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//

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APN 140-30-612-033
44551713;1

Case 2:17-cv-00026-GMN-CWH Document 48 Filed 07/18/18 Page 5 of 5

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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.
The Clerk of Court is instructed to close the case.

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DATED this _____ day of July, 2018.

Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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AKERMAN LLP

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

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Respectfully submitted by:
AKERMAN LLP
/s/ Vatana Lay
MELANIE MORGAN, ESQ.
Nevada Bar No. 8215
VATANA LAY, ESQ.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

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APN 140-30-612-033
44551713;1