Deutsche Bank National Trust Company v. REO Investments Advisors V, LLC et al

Filing 57

ORDER Granting 54 Stipulation of Dismissal with prejudice. The Clerk of Court is directed to ENTER JUDGMENT accordingly, grant 56 the ex parte motion to remove attorney Dana Jonathon Nitz, Esq. from the service list; and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 5/27/2020. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-00253-JAD-VCF Document 54 Filed 05/01/20 Page 1 of 5
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WRIGHT, FINLAY & ZAK, LLP
Robert A. Riether, Esq.
Nevada Bar No. 12076
Michael S. Kelley, Esq.
Nevada Bar No. 10101
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Deutsche Bank National Trust Company, as Trustee for HSI Asset
Securitization Corporation Trust 2005-I1 Mortgage Pass-Through Certificates, Series 2005-I1
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR HSI ASSET
SECURITIZATION CORPORATION TRUST
2005-I1 MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-I1,
Plaintiff,

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Case No.: 2:17-cv-00253-JAD-VCF

STIPULATION AND ORDER FOR
QUIET TITLE AND DISMISSAL
WITH PREJUDICE

vs.
REO INVESTMENT ADVISORS V, LLC,
VISCAYA HOMEOWNERS ASSOCIATION;

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ECF Nos. 54, 56

Defendants.

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Plaintiff, Deutsche Bank National Trust Company, as Trustee for HSI Asset

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Securitization Corporation Trust 2005-I1 Mortgage Pass-Through Certificates, Series 2005-I1

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(“Deutsche Bank”), Defendant, REO Investments Advisors V, LLC (“REO”), and Defendant,

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Viscaya Homeowners Association (“Viscaya”) (collectively, the “Parties”), by and through their

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undersigned attorneys hereby stipulate and agree as follows:

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1.

The real property which is the subject of this case is commonly known as 5509

Riverwood Court, Las Vegas, Nevada 89149, APN: 125-33-511-030 (the “Property”).
2.

On or about August 29, 2005, Cynthia L. Bryan (“Borrower”), executed a

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$352,400 note (“Note”) in favor of New Century Mortgage Corporation, secured by a deed of

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trust encumbering the Property, which was recorded on September 7, 2005 in the Official

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Records of Clark County, Nevada as Book and Instrument No. 20050907-0005603 (“Deed of

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Trust”).

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3.

On July 20, 2011, due to delinquent homeowner’s association assessments, a

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Notice of Delinquent Assessment (Lien) was recorded against the Property as Book and

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Instrument No. 201107200001323 in the Clark County Recorder’s Office on behalf of Viscaya.

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4.

On April 13, 2012, a Notice of Default and Election to Sell Under Homeowners

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Association Lien was recorded against the Property as Book and Instrument No.

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201204130001284 in the Clark County Recorder’s Office on behalf of Viscaya.

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5.

On November 18, 2014, a Notice of Trustee’s Sale was recorded against the

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Property as Book and Instrument No. 20141118-0001448 in the Clark County Recorder’s Office

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on behalf of Viscaya.

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6.

On December 17, 2014, a non-judicial foreclosure sale occurred whereby REO

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acquired the Property for $152,000.00. On January 13, 2015, a Trustee’s Deed Upon Sale was

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recorded as Book and Instrument No. 20150113-0000030 in the Clark County Recorder’s Office.

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7.

On January 30, 2017, this action was commenced.

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8.

The Parties have now come to a resolution regarding their respective claims and

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interests in the Property.
9.

The Parties have executed a settlement agreement, the terms of which are

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confidential, but under which Deutsche Bank agrees to forego all right, title and interest in the

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Property and to disclaim its interest thereto, for agreed-upon consideration.

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10.

By virtue of the settlement and Deutsche Bank’s disclaimer, title to the Property is

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and hereafter shall be vested in REO, free and clear of all right, title and interest claimed by

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Deutsche Bank, its successors and assigns, under the Deed of Trust. The Court may enter an

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order to this effect. Notwithstanding the foregoing, the Property shall remain bound and subject

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to any and all covenants, conditions, restrictions, and reservations of rights of the governing

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association(s) and amendments thereto, as well as any and all easements, rights-of-way, and

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mineral restrictions of record. In addition, the settlement does not in any form or manner

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preclude Viscaya from collecting future assessments, fines, fees, and/or other costs assessed or

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from enforcing its ongoing lien rights on the Property under NRS Chapter 116, the Governing

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Documents, and Nevada law.

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11.

All other claims asserted by or against any of the Parties hereto shall be dismissed

with prejudice.

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12.

Nothing in this stipulation should be construed as intended to benefit any other

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party not identified as the Parties hereto, and in particular, shall not constitute a waiver or

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relinquishment of any claims by Deutsche Bank or its successors against the Borrower.

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13.

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settlement.

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Each Party shall bear its own fees and costs incurred in this litigation and

IT IS HEREBY STIPULATED AND AGREED that judgment for quiet title shall be
granted in favor of REO;

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IT IS FURTHER STIPULATED AND AGREED that the above-referenced matter,

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including all remaining claims for relief thereto, by and between all Parties, shall be dismissed

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with prejudice;

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IT IS FURTHER STIPULATED AND AGREED that nothing in this Stipulation and

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Order is intended to be, or will be, construed as an admission of the claims or defenses of the

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Parties;

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IT IS FURTHER STIPULATED AND AGREED that this Stipulation and Order is in

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no way intended to impair the rights of Deutsche Bank and its successor (or any of its authorized

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agents, investors, affiliates, predecessors, successors, and assigns) to pursue any and all remedies

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against the Borrowers, as defined in the Note, that they may have relating to the Note, including

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the right to sue the Borrowers for any deficiency judgment;

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IT IS FURTHER STIPULATED AND AGREED that each party shall bear its own

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attorney’s fees and costs; and

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///

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///

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///

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IT IS FURTHER STIPULATED AND AGREED that a copy of this Stipulation and

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Order for Quiet Title and Dismissal With Prejudice may be recorded with the Clark County

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Recorder.

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IT IS SO STIPULATED.

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WRIGHT, FINLAY & ZAK, LLP

THE WRIGHT LAW GROUP, P.C.

/s/ Michael S. Kelley, Esq.
Robert A. Riether, Esq.
Nevada Bar No.12076
Michael S. Kelley, Esq.
Nevada Bar No. 10101
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff, Deutsche Bank National
Trust Company, as Trustee for HSI Asset
Securitization Corporation Trust 2005-I1
Mortgage Pass-Through Certificates, Series
2005-I1

/s/ John Henry Wright, Esq.
John Henry Wright, Esq.
Nevada Bar No. 6182
Christopher B. Phillips, Esq.
Nevada Bar No. 14600
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Attorneys for Defendant, REO Investment
Advisors V, LLC

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LEWIS BRISBOIS BISGAARD & SMITH
LLP
/s/ Marc S. Cwik, Esq.
Marc S. Cwik, Esq.
Nevada Bar No. 006946
Adam J. Pernsteiner, Esq.
Nevada Bar No. 07862
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant Viscaya Homeowners
Association

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ORDER

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Based upon the foregoing Stipulation 54] and between the parties,
Based on the parties' stipulation [ECF No. by and good cause appearing, and good cause

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appearing,
IT IS HEREBY ORDERED that final judgment on the parties' competing quiet-title
claims ITentered in favor of REO Investments Advisors V,shall be granted in favor of REO
is IS SO ORDERED that judgment for quiet title LLC; IT IS FURTHER
DECLARED that REO Investments Advisors V, LLC owns the property known as 5509
Investments Court, LasV, LLC;Nevada 89149, APN: 125-33-511-030, free and clear of the Deed
Riverwood Advisors Vegas, and
of Trust recorded on September 7, 2005, in the Official Records of Clark County, Nevada, as
IT IS FURTHER ORDERED that the above-referenced matter, including all remaining
Book and Instrument No. 20050907-0005603; and all other claims by and between all parties
claims for relief thereto,prejudice, each party to bearshall be dismissed with prejudice.
are DISMISSED with by and between all Parties, its own fees and costs.

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IT IS SO ORDERED.
The Clerk of Court is directed to ENTER JUDGMENT accordingly, grant [ECF No.
56] the ex parte motion to remove attorney Dana Jonathon Nitz, Esq. from the service list; and
CLOSE THIS CASE.
IT IS SO ORDERED:

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_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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5-27-2020
DATED: ______________________________

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