U.S. Bank National Association v. Spinnaker Point Avenue Trust, et al

Filing 158

ORDER Granting 157 Stipulated/Consent Judgment. CONSENT JUDGMENT entered in favor of Plaintiff, Palm Avenue Hialeah Trust, against Defendants, Absolute Collection Services, LLC, Mountain Gate at Sunrise Mountain Homeowners Association, Palm Avenue Hialeah Trust, River Glider Avenue Trust, Saticoy Bay, LLC, Spinnaker Point Avenue Trust. See Order for details. Signed by Judge Andrew P. Gordon on 8/21/2023. (Copies have been distributed pursuant to the NEF - ALZ)

Case 2:17-cv-00445-APG-EJY Document 158 Filed 08/21/23 Page 1 of 3

1
2
3
4
5
6

MAURICE WUTSCHER LLP
Patrick J. Kane (Pro Hac Vice)
440 Stevens Avenue, Suite 200
Solana Beach, California 92075
Phone No.: [phone]
Email: [e-mail]
Attorneys for Plaintiff/Counter-Defendant,
Palm Avenue Hialeah Trust, a Delaware
Statutory Trust, for and on behalf and solely
with respect to Palm Avenue Hialeah Trust, series 2014-1

7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

PROF-2013-M4 LEGAL TITLE TRUST IV,
BY U.S. BANK NATIONAL
ASSOCIATION, AS LEGAL TITLE
TRUSTEE,

)
)
)
)
)
Plaintiff,
)
)
v.
)
)
SPINNAKER POINT AVENUE TRUST;
)
RIVER GLIDER AVENUE TRUST;
)
SATICOY BAY, LLC SERIES 5982
)
SPINNAKER POINT AVENUE;
)
MOUNTAIN GATE AT SUNRISE
)
MOUNTAIN HOMEOWNERS’
)
ASSOCIATION; ABSOLUTE
)
COLLECTION SERVICES, LLC,
)
)
Defendant.
)
)
)
)
SATICOY BAY, LLC SERIES 5982
)
SPINNAKER POINT AVENUE,
)
)
Counterclaimant,
)
)
v.
)
PROF-2013-M4 LEGAL TITLE TRUST IV, )
)
BY U.S. BANK NATIONAL
)
ASSOCIATION, AS LEGAL TITLE
)
TRUSTEE,
)
)
Counter-Defendant
)
[Proposed] Final Judgment

1

Case No.: 2:17-cv-00445-APG-VCF
CONSENT FINAL JUDGMENT

2:17-cv-00445-APG-VCF

Case 2:17-cv-00445-APG-EJY Document 158 Filed 08/21/23 Page 2 of 3

1

WHEREAS, in accordance with Plaintiff/Counter-Defendant, Palm Avenue Hialeah

2

Trust, a Delaware Statutory Trust, for and on behalf and solely with respect to Palm Avenue

3

Hialeah Trust, series 2014-1’s (“Palm Avenue”), Defendant Mountain Gate at Sunrise Mountain

4

Homeowners’ Association’s (“Mountain Gate”), and Defendants and Counterclaimants Saticoy

5

Bay, LLC Series 5982’s and Spinnaker Point Avenue’s (“Defendants”) (collectively, the

6

“Parties”) Stipulation for Final Judgment (the “Stipulation”).

7

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT:

8

1.

9
10

The Parties’ Stipulation, and the agreements contained therein, is hereby

GRANTED.
2.

Judgment is hereby entered in favor of Palm Avenue as to the First Amended

11

Complaint’s causes of action for quiet title and declaratory relief in accordance with this Court’s

12

Order granting Palm Avenue’s Motion for Summary Judgment in part entered on February 22,

13

2023. See Dkt. 140.

14

3.

Judgment is hereby entered in favor of Palm Avenue as to Defendants’

15

Counterclaims in accordance with this Court’s Order granting Palm Avenue’s Motion for

16

Summary Judgment in part entered on February 22, 2023. See Dkt. 140.

17

4.

The Deed of Trust (“DOT”) recorded against 5982 Spinnaker Point Avenue, Las

18

Vegas, Nevada 89110 (“Property”) is a first priority lien that Palm Avenue is entitled to enforce

19

because the superpriority portion of Homeowners’ Association lien (“HOA Lien”) was satisfied

20

prior to the February 14, 2012 Trustee’s Sale conducted by the Homeowners’ Association and its

21

agents (the “HOA Sale”). See Dkt. 140 at p. 12 lns. 7-13.

22

5.

Palm’s Avenue’s interest in the Property is superior to any interest Defendants

23

have in the Property as Defendants’ interest in the Property is junior to Palm Avenue’s interest in

24

the Property.

25

6.

Defendants are subject to the DOT and its provisions.

26

7.

Palm Avenue’s unjust enrichment claim is hereby dismissed without prejudice.

27

8.

Palm Avenue shall receive all gross rents collected by Defendants from May 1,

28

2023 and all monthly gross rents collected by Defendants thereafter in accordance with this
[Proposed] Final Judgment

2

2:17-cv-00445-APG-VCF

Case 2:17-cv-00445-APG-EJY Document 158 Filed 08/21/23 Page 3 of 3

1

Court’s July 18, 2023 Order granting Palm Avenue’s Motion for Assignment of Rents, in part.

2

See, Dkt. 155.

3
4
5

9.

Defendants shall remit all gross rents collected since May 1, 2023 to Palm Avenue

within thirty days of this Judgment being entered.
10.

Palm Avenue shall recover all costs and attorneys’ fees incurred to the extent Palm

6

Avenue is entitled to such costs and/or attorneys’ fees as allowable by law or the subject loan’s

7

governing documents.

8
9

11.

This Judgment shall not impact the Parties’ respective right to appeal any Orders

entered during this litigation.

10

IT IS SO ORDERED.

11

21st day of August, 2023
DATED this _____

12
13
_______________________________________
ANDREW P. GORDON
UNITED STATES DISTRICT COURT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
[Proposed] Final Judgment

3

2:17-cv-00445-APG-VCF