The Bank of New York Mellon v. Stone Canyon Pecos Homeowners Association, Inc. et al

Filing 54

ORDER granting 53 Stipulation for dismissal; Signed by Judge James C. Mahan on 4/2/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-00632-JCM-CWH Document 53 Filed 03/21/18 Page 1 of 3

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff The Bank of New York
Mellon f/k/a The Bank of New York as Trustee
for the Certificateholders of CWALT, Inc.,
Alternative Loan Trust 2005-84 Mortgage
Pass Through Certificates, Series 2005-84

AKERMAN LLP

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

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
CWALT, INC., ALTERNATIVE LOAN TRUST
2005-84,
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2005-84;

Case No.: 2:17-cv-00632-JCM-CWH
STIPULATION AND ORDER OF FINAL
JUDGMENT AND FOR DISMISSAL

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Plaintiff,
vs.
STONE CANYON PECOS HOMEOWNERS
ASSOCIATION, INC.; ATC ASSESSMENT
COLLECTION GROUP, LLC; CAO LIMIN,
AN INDIVIDUAL; AND LIU XIUXIA, AN
INDIVIDUAL;
Defendants.

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Plaintiff The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the

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Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-84 Mortgage Pass Through

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Certificates, Series 2005-84 (BoNYM) Stone Canyon Pecos Homeowners Association (HOA), and

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Cao Limin and Liu Xiuxia stipulate as follows:

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44281342;1

Case 2:17-cv-00632-JCM-CWH Document 53 Filed 03/21/18 Page 2 of 3

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1.

This matter relates to real property located 2609 Trellis Avenue, Henderson, Nevada

89074, APN 177-13-728-041 (the Property).

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2.

BoNYM is the beneficiary of record of a Deed of Trust that encumbers the Property

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and was recorded on November 8, 2005, as Instrument Number 20051108-0000559 in the Official

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

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3.

On May 22, 2013, HOA recorded a Foreclosure Deed as

Instrument

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Number 20130522000115 of the Official Records of Clark County, Nevada (the HOA Foreclosure

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Deed), reflecting that Keynote Properties obtained title to the property at its foreclosure sale

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conducted on May 10, 2013 (the HOA Sale).

AKERMAN LLP

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

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4.

MRT Assets, LLC purchased the Property from Keynote Properties. A deed of sale

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was recorded on May 23, 2016 with the Clark County Recorder as Instrument No. 20160523-

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0002092.

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5.

Cao Limin & Liu Xiuxia purchased the Property from MRT Assets, LLC.

A

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Quitclaim Deed was recorded on July 14, 2016 with the Clark County Recorder as Instrument No.

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20160714-0001398.

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still the title holders of record.

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7.

On March 1, 2017, BoNYM initiated this quiet title action against HOA and Cao

Limin & Liu Xiuxia.

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Cao Limin & Liu Xiuxia have not transferred their interest in the Property and are

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BoNYM and Cao Limin & Liu Xiuxia have entered a confidential settlement

agreement in which they have settled all claims between them in this case.

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9.

Cao Limin & Liu Xiuxia stipulate and agree that the Deed of Trust remains a valid

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encumbrance and was not extinguished by the HOA foreclosure sale referenced in the HOA

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Foreclosure Deed. The Deed of Trust is the senior lien encumbering the Property, superior to any

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right, title, interest, lien, equity or estate of Cao Limin & Liu Xiuxia. Cao Limin & Liu Xiuxia's

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interests in the Property is subject to the Deed of Trust.

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44281342;1

Case 2:17-cv-00632-JCM-CWH Document 53 Filed 03/21/18 Page 3 of 3

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10.

The parties agree that this case shall be dismissed with each party to bear its own fees

and costs.

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Dated: March 21, 2018

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The parties agree that any lis pendens related to this action shall be expunged.

AKERMAN LLP

BOYACK ORME & ANTHONY

/s Tenesa S. Powell
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA POWELL, ESQ.
Nevada Bar No. 12488
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Colli C. McKiever
EDWARD D. BOYACK, ESQ.
Nevada Bar No. 5229
COLLI C. McKIEVER, ESQ.
Nevada Bar No. 13724
7432 W. Sahara Ave., Suite 101
Las Vegas, NV 89117

Attorneys for Plaintiff

Attorneys for Stone Canyon Pecos Homeowners
Association, Inc.

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AKERMAN LLP

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

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MORRIS LAW CENTER

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/s Sarah A. Morris
SARAH A. MORRIS, ESQ.
Nevada Bar No. 8461
TIMOTHY WISEMAN, ESQ.
Nevada Bar No. 13784
5450 W. Sahara Ave. Suite 330
Las Vegas, Nevada 89146

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Attorneys for Cao Limin and Liu Xiuxia

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ORDER

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IT IS SO ORDERED:

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_________________________________________
UNITED STATES DISTRICT COURT JUDGE

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April 2, 2018
DATED: _________________________________

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44281342;1