Ditech Financial LLC f/k/a Green Tree Servicing LLC et al v. Decatur Mountain Villas Homeowners' Association et al

Filing 28

ORDER granting 27 Stipulation Confirming Validity of Deed of Trust; Signed by Judge James C. Mahan on 1/8/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-00317-JCM-PAL Document 27 Filed 01/05/18 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]
Email: [e-mail]
Attorneys for Plaintiffs Ditech Financial LLC
f/k/a Green Tree Servicing LLC and Federal
National Mortgage Association

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UNITED STATES DISTRICT COURT

AKERMAN LLP

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

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DISTRICT OF NEVADA

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DITECH FINANCIAL LLC F/K/A GREEN
TREE
SERVICING
LLC;
FEDERAL
NATIONAL MORTGAGE ASSOCIATION,

STIPULATION AND ORDER OF FINAL
JUDGMENT CONFIRMING EXISTENCE
AND VALIDITY OF DEED OF TRUST

Plaintiffs,

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Case No.: 2:17-cv-00317-JCM-PAL

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vs.

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DECATUR
MOUNTAIN
VILLAS
HOMEOWNERS’ ASSOCIATION and G.J.L.,
INCORPORATED D/B/A PRO FORMA LIEN
& FORECLOSURE SERVICES,

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Defendants.

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Plaintiffs Ditech Financial LLC f/k/a Green Tree Servicing LLC (Ditech) and Federal National

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Mortgage Association (Fannie Mae) and defendant Decatur Mountain Villas Homeowners

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Association (Decatur), through their counsel of record, being the only parties to have appeared in this

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action, stipulate as follows:
1.

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This matter relates to real property located 4863 Marco Polo Street, North Las Vegas,

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Nevada, 89031, APN 124-31-415-035 (the Property). The Property is more specifically described as:

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APN 124-31-415-035
42614046;2

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Case 2:17-cv-00317-JCM-PAL Document 27 Filed 01/05/18 Page 2 of 5

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Parcel One (1):

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An Undivided 1/50th Interest (Except Association Property) in The Common
Elements, sometimes common areas, within Phase I of Decatur Mountain Villas (A
Condominium Development and Common Interest Community, as shown by map
thereof on file in Book 107 of Plats, Page 59, In the Office of The County Recorder
of Clark County, Nevada.

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Excepting therefrom all living units and Association property in Phase I of
Decatur Mountain Villas (A Condominium Development and Common Interest
Community.

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And Reserving Therefrom The Right to Possession of all those areas designated as
Limited Common Elements, Sometimes Exclusive use areas, within the Common
Elements, as shown on The Condominium Plat Referred to Above.

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And Further Reserving for the Benefit of The Owners of Condominiums in
Subsequent phases, a non-exclusive easement on, over, and across the Private
Drives and Recreational 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 Decatur Mountain Villas Homeowners
Association Recorded April 2.2, 2003 in Book 20030422 as Document No. 01346
and Amended and Restated Declaration of Covenants, Conditions and
Restrictions for Decatur Mountain Villas, Recorded July 17, 2003 in
Book 20030717 as Document No. 00855 of Official Records, To which Reference is
hereafter Made.

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Parcel Two (2):

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Living Unit A in Building Eighteen (18) of Decatur Mountain Villas (A
Condominium Development and Common Interest Community, as shown by map
thereof referred to above.

AKERMAN LLP

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

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Parcel Three (3):
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The Exclusive right to use, possession and occupancy of those portions of the
Limited Common Elements, sometimes exclusive use areas, within the common
elements, described upon plat and referred to in Section 9.6 (b) of The
Declaration, which are appurtenant to and for the exclusive use of Parcel I and II.

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Parcel Four (4):

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A Non-exclusive easement for ingress, egress and recreational use on and over the
Private Drives and Recreational Areas of Horizon Hills, as shown by The Map
referred to above, and future units, which easement is appurtenant to Parcels
One (I), Two (II) and Three (III) described above.

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APN 124-31-415-035
42614046;2

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Case 2:17-cv-00317-JCM-PAL Document 27 Filed 01/05/18 Page 3 of 5

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2.

Ditech, as servicer for Fannie Mae, is the beneficiary of record of a Deed of Trust that

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encumbers the Property and was recorded on August 28, 2006, as Document Number 20060828-

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0002733, in the Official Records of Clark County, Nevada (the Deed of Trust).

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3.

On December 10, 2012, Decatur recorded a Foreclosure Deed as Document

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Number 201212100003837 of the Official Records of Clark County, Nevada (the HOA Foreclosure

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Deed), reflecting that Decatur purchased the Property at its foreclosure sale of the Property conducted

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on November 15, 2012 (the HOA Sale). Decatur has not transferred its interest in the Property and is

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still the title holder of record.

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4.

On February 1, 2017, Ditech and Fannie Mae initiated a quiet title action against Decatur

AKERMAN LLP

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

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in the United States District Court, District of Nevada, Case No. 2:17-cv-00317-JCM-PAL (the Quiet

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Title Action).

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5.

Fannie Mae, Ditech, and Decatur have entered a confidential settlement agreement in

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which they have settled all claims between them in this case. This stipulation and order applies to the

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matters addressed in this particular case only and has no relevance to any other matter.

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6.

The Deed of Trust survived and was not extinguished in any capacity by the HOA Sale.

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The Deed of Trust remains a valid encumbrance against the Property following the recording of the

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HOA Foreclosure Deed, and Decatur's interest in the Property is subject to the Deed of Trust.

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Dated: January 5th, 2018.

Dated: January 4th, 2018.

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AKERMAN LLP

LIPSON NEILSON COLE SELTZER & GARIN, P.C.

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/s/ Vatana Lay
Melanie D. Morgan, Esq.
Nevada Bar No. 8215
Vatana Lay, Esq.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs Ditech Financial
LLC and Federal National Mortgage
Association

/s/ Karen Kao
Karen Kao, Esq.
Nevada Bar No. 14386
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Decatur Mountain
Homeowners Association

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APN 124-31-415-035
42614046;2

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Villas

Case 2:17-cv-00317-JCM-PAL Document 27 Filed 01/05/18 Page 4 of 5

ORDER

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Based on the above stipulation between plaintiffs Ditech Financial LLC (Ditech) Federal
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National Mortgage Association (Fannie Mae) and defendant Decatur Mountain Villas Homeowners
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Association (Decatur), the Parties' agreement, and good cause appearing therefore,
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IT IS ORDERED that the Deed of Trust recorded in the Official Records of Clark County,
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Nevada against the real property located 4863 Marco Polo Street, North Las Vegas, Nevada, 89031,
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APN 124-31-415-035 (the Property) on August 28, 2006, as Document Number 20060826-0002733,
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was not extinguished, impaired, or otherwise affected by the foreclosure sale of the Property
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conducted by Decatur on November 15, 2012 or the recording of the HOA Foreclosure Deed in the
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Official

Records

of

Clark

County,

Nevada,

on

December

10,

2012,

as

Document

AKERMAN LLP

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

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Number 201212100003837, reflecting that Decatur purchased the Property at the foreclosure sale.
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Decatur's ownership interest in the Property is subject to the Deed of Trust.
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IT IS FURTHER ORDERED that Plaintiffs shall be entitled to record this STIPULATION
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AND ORDER CONFIRMING VALIDITY OF DEED OF TRUST in the Official Records of Clark
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County, Nevada in accordance with the rules of the Recorder's Office.
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IT IS FURTHER ORDERED that this order constitutes the final judgment of this Court,
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resolving all claims in this case with prejudice, each party to bear its own fees and costs.
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DATED this _____ day of ___________________, 2018.
January 8, 2018.

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DISTRICT COURT DISTRICT JUDGE
UNITED STATES JUDGE
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APN 124-31-415-035
42614046;2

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Case 2:17-cv-00317-JCM-PAL Document 27 Filed 01/05/18 Page 5 of 5

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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 D. Morgan, Esq.
Nevada Bar No. 8215
Vatana Lay, Esq.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs Ditech Financial LLC
and Federal National Mortgage Association

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APN 124-31-415-035
42614046;2

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