JPMorgan Chase Bank, N.A. v. Blizzard et al

Filing 24

ORDER approving ECF No. 23 Stipulation, withdrawing ECF No. 22 Motion to Strike. Defendants' Counterclaim to be filed by by 10/23/2017. Signed by Magistrate Judge Cam Ferenbach on 10/16/2017. (Copies have been distributed pursuant to the NEF - KR)

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MICHAEL N. BEEDE, ESQ.
Nevada Bar No. 13068
THE LAW OFFICE OF MIKE BEEDE, PLLC
2470 St. Rose Pkwy., Ste. 201
Henderson, NV 89074
Telephone [phone]
Facsimile [phone]
[e-mail]
Attorney for Defendants, Randy Blizzard, in his individual capacity and as Trustee of the Joel
228 Trust; The James Paul Getty Irrevocable Resource Trust; The Anthony F. Johnson
Irrevocable Resource Trust; The Steven J. Castellan Irrevocable Resource Trust; The Brian
Philip Anderson Irrevocable Resource Trust; and Philip Steven Irrevocable Resource Trust

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UNITED STATES DISTRICT COURT

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CLARK COUNTY, NEVADA

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CASE NO. 2:17-cv-00678-RFB-VCF

JPMORGAN CHASE BANK, N.A.,
Plaintiff,
v.

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RANDY BLIZZARD, in his individual
capacity and as Trustee of the JOEL 228
TRUST; the JAMES PAUL GETTY
IRREVOCABLE RESOURCE TRUST; the
ANTHONY F. JOHNSON IRREVOCABLE
RESOURCE TRUST; the STEVEN J.
CASTELLAN IRREVOCABLE RESOURCE
TRUST; the BRIAN PHILIP ANDERSON
IRREVOCABLE RESOURCE TRUST; the
PHILIP
STEVEN
IRREVOCABLE
RESOURCE
TRUST;
HOLLYWOOD
RANCH HOMEOWNERS ASSOCIATION,
a Nevada non-profit corporation; CYNTHIA
GIBSON, an individual,

STIPULATION FOR: 1) PLAINTIFF
JPMORGAN CHASE BANK N.A. TO
WITHDRAW THEIR MOTION TO
STRIKE [ECF NO. 22], AND 2)
ALLOW DEFENDANTS TO SEEK
LEAVE OF COURT TO ASSERT
COUNTERCLAIMS

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Defendants.
COMES NOW, Plaintiff, JPMorgan Chase Bank, N.A. (hereinafter “Plaintiff”), by and
through its attorneys of record, Kent F. Larsen, Esq. and Karl Nielson, Esq. of the law firm of
Smith Larsen & Wixom; and Defendants, Randy Blizzard, in his individual capacity and as
Trustee of the Joel 228 Trust, The James Paul Getty Irrevocable Resource Trust, The Anthony
F. Johnson Irrevocable Resource Trust, The Steven J. Castellan Irrevocable Resource Trust, The
Brian Philip Anderson Irrevocable Resource Trust, and Philip Steven Irrevocable Resource

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Trust (hereinafter collectively “Defendants”), by and through their attorney of record, Michael

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N. Beede, Esq. of the Law Office of Mike Beede, PLLC, and hereby stipulate as follows:

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1. Plaintiff hereby withdraws its Motion to Strike Defendants’ Counterclaims [ECF No.
22], which was filed in the above-entitled Court on October 5, 2017.

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2. Defendants shall be granted leave to assert Counterclaims against JPMorgan Chase

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Bank, N.A. and Cross-Claims as reflected in the proposed pleading, attached hereto as

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Exhibit 1.

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Dated this 16th day of October, 2017.

Dated this 16th day of October, 2017

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/s/ Karl Nielson__________________
KENT F. LARSEN, ESQ.
Nevada Bar No. 3463
KARL NIELSON, ESQ.
Nevada Bar No. 5082
Smith Larsen & Wixom
1935 Village Center Circle
Las Vegas, NV 89134
T: [phone]
F: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff, JPMorgan Chase
Bank, N.A.

/s/ Michael Beede_______________
MICHAEL BEEDE, ESQ.
Nevada Bar No. 13068
The Law Office of Mike Beede, PLLC
2470 St. Rose Pkwy., Ste. 201
Henderson, NV 89074
T: 702-473-8406
F: 702-832-0248
[e-mail]
Attorney for Defendants, Randy Blizzard,
in his individual capacity and as Trustee
of the Joel 228 Trust; The James Paul
Getty Irrevocable Resource Trust; The
Anthony F. Johnson Irrevocable Resource
Trust; The Steven J. Castellan
Irrevocable Resource Trust; The Brian
Philip Anderson Irrevocable Resource
Trust; and Philip Steven Irrevocable
Resource Trust

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ORDER

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IT IS HEREBY ORDERED that Defendants'
Counterclaim as attached must be filed on
or before October 23, 2017.

IT IS SO ORDERED.
_______________________________
Cam Ferenbach
United States Magistrate Judge
October 16, 2017
________________________________
DATE

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EXHIBIT 1
Defendants’ Proposed
Counterclaim

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MICHAEL N. BEEDE, ESQ.
Nevada State Bar No. 13068
THE LAW OFFICE OF MIKE BEEDE, PLLC
2470 St. Rose Pkwy, Suite 201
Henderson, NV 89074
Telephone [phone]
Facsimile [phone]
[e-mail]
Attorney for Defendants, Randy Blizzard, in his individual capacity and as Trustee of the Joel
228 Trust; The James Paul Getty Irrevocable Resource Trust; The Anthony F. Johnson
Irrevocable Resource Trust; The Steven J. Castellan Irrevocable Resource Trust; The Brian
Philip Anderson Irrevocable Resource Trust; and Philip Steven Irrevocable Resource Trust

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JPMORGAN CHASE BANK, N.A.,

CASE NO. 2:17-cv-00678-RFB-VCF

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Plaintiff,

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v.
RANDY BLIZZARD, in his individual
capacity and as Trustee of the JOEL 228
TRUST; the JAMES PAUL GETTY
IRREVOCABLE RESOURCE TRUST; the
ANTHONY F. JOHNSON IRREVOCABLE
RESOURCE TRUST; the STEVEN J.
CASTELLAN IRREVOCABLE RESOURCE
TRUST; the BRIAN PHILIP ANDERSON
IRREVOCABLE RESOURCE TRUST; the
PHILIP
STEVEN
IRREVOCABLE
RESOURCE
TRUST;
HOLLYWOOD
RANCH HOMEOWNERS ASSOCIATION, a
Nevada non-profit corporation; CYNTHIA
GIBSON, an individual,

DEFENDANTS’ COUNTERCLAIMS

Defendants.

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COMES NOW, Counterclaimants/Defendants, Randy Blizzard, in his individual capacity

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and as Trustee of the Joel 228 Trust; The James Paul Getty Irrevocable Resource Trust; The

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Anthony F. Johnson Irrevocable Resource Trust; The Steven J. Castellan Irrevocable Resource

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Trust; The Brian Philip Anderson Irrevocable Resource Trust; and Philip Steven Irrevocable

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Resource Trust (hereinafter collectively “Counterclaimatnts”), by and through their attorney of

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record, Michael N. Beede, Esq. of The Law Office of Mike Beede, PLLC, and hereby alleges

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counterclaims against the above-named Counterdefendants as follows:

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PARTIES, JURISDICTION AND VENUE

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1. This action relates to the ownership and title to certain residential real property located

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in Clark County, Nevada commonly known as 6540 Charlie Chaplin Avenue #102,

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Las Vegas, NV 89122 and bearing Clark County Assessor’s Parcel Number 161-10-

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710-305 (the “Property”). Accordingly, jurisdiction and venue are appropriate in Clark

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County, Nevada.

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2. Counterclaimant Randy Blizzard, in his individual capacity, is a citizen of Nevada.

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3. Counterclaimant Randy Blizzard is also named as Trustee for the Joel 228 Trust, a

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trust organized under the laws of the State of Nevada.

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4. The remaining trust counterclaimants, the James Paul Getty Irrevocable Resource

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Trust (the “JPG Trust”), the Anthony F. Johnson Irrevocable Resource Trust (the “AFJ

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Trust”), the Steven J. Castellan Irrevocable Resource Trust (the “SJC Trust”), the

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Brian Philip Anderson Irrevocable Resource Trust (the “BPA Trust”), and the Philip

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Steven Irrevocable Resource Trust (the “PS”) (collectively hereafter, “Trust

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Counterclaimants”) are trusts organized under the laws of the State of Nevada, are,

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cumulatively, the record holders of title to the Property.

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5. Counterdefendant, JPMorgan Chase Bank, N.A., is a national banking association
doing business in Clark County, Nevada.

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6. Upon information and belief, Counterdefendant Cynthia Gibson is a resident of Clark

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County, Nevada, and was the owner of the Property prior to the issuance of a Trustee's

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Deed Upon Sale to Randy Blizzard on December 6, 2013.

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7. The true names and capacities, whether individual, corporate, associate or otherwise,

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of Does 1 through 10, inclusive, and Roe Business entities 1 through 10, inclusive, are

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unknown to the Counterclaimants at this time. Counterclaimants therefore sue said

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Does and Roes by said names, as Counterclaimants believe that said Does and/or Roes

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are in some way responsible for some or all of Counterclaimants’ damages set forth

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herein. Counterclaimants will request leave of this Court to amend these

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Counterclaims when such names and identities become known to them.

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8. Jurisdiction and venue are proper in this Court because this action concerns real

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property located in the County of Clark, State of Nevada, and the facts, acts, events

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and circumstances herein mentioned, alleged and described occurred in the County of

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Clark, State of Nevada.
GENERAL ALLEGATIONS

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9. The Property is located at 6540 Charlie Chaplin Avenue #102, Las Vegas, NV 89122,

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bearing Clark County Assessor’s Parcel Number 161-10-710-305, and the legal

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description of: HOLLYWOOD RANCH PLAT BOOK 129 PAGE 34 UNIT 102

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BLDG 102, Clark County.

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10. Randy Blizzard obtained title to the Property by way of Trustee's Deed Upon Sale

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issued pursuant to NRS 116 which was recorded on December 10, 2013. (Exhibit #1)

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11. This title to the Property was transferred to the Joel 228 Trust by way of a Grant,

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Bargain, and Sale Deed recorded with the Clark County Recorder on March 7, 2014

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as instrument no. 201403070000996. (Exhibit #2)

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12. This title to the Property was then partially transferred to the Trust Counterclaimants;

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specifically, the Joel 228 Trust transferred an undivided ten percent of its ownership

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interest in the Property to the Trust Counterclaimants, by way of a Grant, Bargain, and

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Sale Deed, recorded on March 19, 2014, as instrument no. 201403190002105.

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(Exhibit #3)

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13. Pursuant to NRS 116.31166, Shadow Wood Homeowners Ass'n v. New York Cmty.

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Bancorp. Inc., 366 P.3d 1105; and Deutsche Bank Nat’l Trust Co. v. Roland, 2014

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Nev. Unpub. LEXIS 507; 2014 WL 1319106, it is conclusively proved that each of

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the Counterdefendants was noticed by Hampton & Hampton Collections, LLC of the

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underlying foreclosure sale and that all relevant provisions of NRS 116 were complied

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with. A copy of the Notice of Foreclosure Sale was recorded on July 11, 2013.

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14. Counterclaimants’ title stems from a Trustee's Deed Upon Sale arising from a

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delinquency in assessments due from the former owner, Cynthia Gibson, to

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Hollywood Ranch Homeowners' Association pursuant to NRS Chapter 116.

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15. Randy Blizzard took title to the Property free and clear of all junior liens and

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encumbrances affecting title to the Property, including any Deed of Trust, any

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assessments or other fees claimed by Hollywood Ranch Homeowners' Association

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accruing prior to the date of the Deed, and any claim to title of the Property that may

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be asserted to by Counterdefendants.

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16. Notwithstanding the recording of the Deed on December 10, 2013, Counterclaimants

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are informed and believe that one or more Counterdefendants claim to continue to

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hold an interest in the Property superior to that of Counterclaimants’ by virtue of the

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purported Deed of Trust.

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17. Counterclaimants are informed and believe Cynthia Gibson granted a deed of trust in

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favor of DHI Mortgage Company, LTD naming Mortgage Electronic Registration

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Systems, Inc. (“MERS”) as beneficiary, which was recorded with the Clark County

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Recorder on March 27, 2008.

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18. On January 6, 2011, an assignment of the aforementioned Deed of Trust was recorded

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which

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Plaintiff/Counterdefendant JPMorgan Chase Bank, N.A.

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purported

to

transfer

the

beneficial

interest

thereof

to

19. The claims to title of the Property asserted by each Counterdefendant conflict with
Counterclaimants’ claims to title, and constitute a cloud upon title.

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20. The interest of each of the Counterdefendants, if any, has been extinguished by reason

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of the foreclosure sale, which was properly conducted with adequate notice given to

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all persons and entities claiming a recorded interest in the subject property, and

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resulting from a delinquency in assessments due from the former owner, to Hollywood

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Ranch Homeowners' Association, pursuant to NRS Chapter 116 and SFR Invs. Pool

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1, LLC v. U.S. Bank, N.A., 334 P.3d 408 (2014).

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21. Therefore, Counterclaimants bring the instant action to quiet all claims against all

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known persons and/or entities claiming legal or equitable interests in the Property.
FIRST CLAIM FOR RELIEF ACTION

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(Declaratory Relief/Quiet Title Pursuant to NRS 30.010, et. Seq. and NRS 116, et. seq.)
22. Counterclaimants incorporate each and every of the preceding paragraphs as if fully
set forth herein.

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23. Pursuant to NRS 30.030, et seq. and NRS 40.010, this Court has the power and

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authority to declare Counterclaimants’ rights and interests in the Property and to

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resolve the Counterdefendants’ adverse claims to the Property.

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24. Randy Blizzard acquired the Property by successfully bidding on the Property at a

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public sale held on December 3, 2013 in accordance with NRS Chapter 116, and

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became the rightful owner of the Property by virtue of the Trustee's Deed Upon Sale.

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(Exhibit #1)

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25. This title to the Property was transferred to the Joel 228 Trust by way of a Grant,

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Bargain, and Sale Deed recorded with the Clark County Recorder on March 7, 2014

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as instrument no. 201403070000996. (Exhibit #2)

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26. This title to the Property was then partially transferred to the Trust Counterclaimants;

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specifically, the Joel 228 Trust transferred an undivided ten percent of its ownership

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interest in the Property to the Trust Counterclaimants, by way of a Grant, Bargain, and

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Sale Deed, recorded on March 19, 2014, as instrument no. 201403190002105.

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(Exhibit #3)

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27. Upon information and belief, the Counterdefendants herein assert claims to the
Property adverse to that of Counterclaimants

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28. Counterclaimants are entitled to a declaratory judgment from this Court finding that:

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(1) Counterclaimants own the Property in fee simple free and clear of any interest in

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the Property claimed by any and all Counterdefendants; (2) the Deed is valid and

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enforceable; (3) the conveyance of the Property to Randy Blizzard through the

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Trustee's Deed Upon Sale extinguished Counterdefendants’ security and/or ownership

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interests in the Property; (4) any attempt to transfer of title to the Property through a

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non-judicial foreclosure sale pursuant to any Deed of Trust would be invalid; and (5)

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Counterclaimants’ rights and interest in the Property are superior to any adverse

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interests claimed by Counterdefendants.

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29. Counterclaimants seek an Order from the Court quieting title to the Property in favor
of Counterclaimants.
SECOND CLAIM FOR RELIEF

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(Preliminary and Permanent Injunction against all Counterdefendants)
30. Counterclaimants incorporates each and every of the preceding paragraphs as if fully
set forth herein.

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31. Randy Blizzard acquired the Property by successfully bidding on the Property at a

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public sale held on December 3, 2013 in accordance with NRS Chapter 116, and

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became the rightful owner of the Property by virtue of the Trustee's Deed Upon Sale.

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(Exhibit #1)

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32. This title to the Property was transferred to the Joel 228 Trust by way of a Grant,

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Bargain, and Sale Deed recorded with the Clark County Recorder on March 7, 2014

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as instrument no. 201403070000996. (Exhibit #2)

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33. This title to the Property was then partially transferred to the Trust Counterclaimants;

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specifically, the Joel 228 Trust transferred an undivided ten percent of its ownership

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interest in the Property to the Trust Counterclaimants, by way of a Grant, Bargain, and

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Sale Deed, recorded on March 19, 2014, as instrument no. 201403190002105.

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(Exhibit #3)

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34. Notwithstanding

the

conveyance

of

the

Property

to

Counterclaimants,

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Counterdefendants continue to claim adverse interests in the Property under the Deed

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of Trust.

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35. Counterclaimants are informed and believe that one or more Counterdefendants may

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improperly attempt to complete a non-judicial foreclosure sale of the Property under

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the Deed of Trust pursuant to NRS Chapter 107.080, et seq. despite the fact that

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Counterclaimants hold a superior interest in the Property.

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36. Counterclaimants are entitled to a preliminary injunction and permanent injunction

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prohibiting all Counterdefendants from initiating or attempting to complete any

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foreclosure proceeding under the Deed of Trust or otherwise attempting to transfer

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title to the Property thereunder.
PRAYER FOR RELIEF

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WHEREFORE, Counterclaimants pray for relief as follows:

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1. For a determination and declaration that Counterclaimants are the rightful owners

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of title to the Property, free and clear of all claims of the Counterdefendants;

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2. For and award of special damages, including reasonable attorneys’ fees;

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3. For court costs incurred;

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4. For a preliminary and permanent injunction prohibiting all Counterdefendants

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from initiating or continuing foreclosure proceedings or otherwise attempting to

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transfer title to the Property;

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5. For such other and further relief as the Court deems just and proper.

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DATED this ___ day of __________, 2017.
THE LAW OFFICE OF MIKE BEEDE, PLLC

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BY: _/s/ Michael Beede____________________
MICHAEL N. BEEDE, ESQ.
Nevada State Bar No. 13068
2470 St. Rose Pkwy, Suite 201
Henderson, NV 89074
Telephone [phone]
Attorney for Counterclaimants

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Ca

CERTIFICATE OF SERVICE

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I, the undersigned, declare under penalty of perjury, that I am over the age of eighteen (18)

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years, and that I am not a party to, nor interested in, this action. On the ___ day of ____________,

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2017, I caused a true and correct copy of the foregoing DEFENDANTS’ COUNTERCLAIMS

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to be served by the method indicated:

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___ U.S. Mail

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___ U.S. Certified Mail

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___ Facsimile Transmission

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___ Federal Express

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_X_ Electronic Service via CM/ECF

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___ E-Mail

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/s/ Allison Zeason_______________________________
An Employee of The Law Office of Mike Beede, PLLC

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EXHIBIT LIST

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1. Trustee’s Deed Upon Sale, Doc. No. 201312100001121

Exhibit 1

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2. Grant, Bargain and Sale Deed, Doc. No. 201403070000996

Exhibit 2

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3. Grant, Bargain and Sale Deed, Doc. No. 201403190002105

Exhibit 3

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EXHIBIT 1
Trustee’s Deed Upon Sale
Doc. No. 201312100001121

Description: Clark,NV Document-Year.Date.DocID 2013.1210.1121 Page: 1 of 4
Order: 6540 Charlie Chaplin #102 Comment:

Description: Clark,NV Document-Year.Date.DocID 2013.1210.1121 Page: 2 of 4
Order: 6540 Charlie Chaplin #102 Comment:

Description: Clark,NV Document-Year.Date.DocID 2013.1210.1121 Page: 3 of 4
Order: 6540 Charlie Chaplin #102 Comment:

Description: Clark,NV Document-Year.Date.DocID 2013.1210.1121 Page: 4 of 4
Order: 6540 Charlie Chaplin #102 Comment:

EXHIBIT 2
Grant, Bargain and Sale Deed
Doc. No. 201403070000996

Description: Clark,NV Document-Year.Date.DocID 2014.307.996 Page: 1 of 4
Order: 6540 Charlie Chaplin #102 Comment:

Description: Clark,NV Document-Year.Date.DocID 2014.307.996 Page: 2 of 4
Order: 6540 Charlie Chaplin #102 Comment:

Description: Clark,NV Document-Year.Date.DocID 2014.307.996 Page: 3 of 4
Order: 6540 Charlie Chaplin #102 Comment:

Description: Clark,NV Document-Year.Date.DocID 2014.307.996 Page: 4 of 4
Order: 6540 Charlie Chaplin #102 Comment:

EXHIBIT 3
Grant, Bargain and Sale Deed
Doc. No. 201403190002105

Description: Clark,NV Document-Year.Date.DocID 2014.319.2105 Page: 1 of 3
Order: 6540 Charlie Chaplin #102 Comment:

Description: Clark,NV Document-Year.Date.DocID 2014.319.2105 Page: 2 of 3
Order: 6540 Charlie Chaplin #102 Comment:

Description: Clark,NV Document-Year.Date.DocID 2014.319.2105 Page: 3 of 3
Order: 6540 Charlie Chaplin #102 Comment: