U.S. Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 61

ORDER Granting 60 STIPULATION and Order for Disclaimer of Interest and Dismissal of Mortgage Electronic Registration Systems, Inc. with prejudice. Signed by Judge James C. Mahan on 12/14/2017. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-00708-JCM-PAL Document 60 Filed 12/04/17 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 00050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Cross-Defendant, Mortgage Electronic Registration Systems, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE, SUCCESSOR IN INTEREST TO
BANK OF AMERICA, NATIONAL
ASSOCIATION AS SUCCESSOR BY
MERGER TO LASALLE BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR
WASHINGTON MUTUAL MORTGAGE
PASS-THROUGH CERTIFICATES WMALT
SERIES 2006-AR9 TRUST,

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2:17-cv-00708-JCM-PAL
STIPULATION AND ORDER FOR
DISCLAIMER OF INTEREST AND
DISMISSAL OF MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. WITH PREJUDICE

Plaintiff,

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vs.

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SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; SETONA
HOMEOWNERS’ ASSOCIATION; AMOR
ELACIO, an individual; and AILEEN ELACIO,
an individual,
Defendants,
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,

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Counter/Cross Claimant,

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vs.
U.S. BANK NATIONAL ASSOCIATION, AS
TRUSTEE, SUCCESSOR IN INTEREST TO
BANK OF AMERICA, NATIONAL

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Case 2:17-cv-00708-JCM-PAL Document 60 Filed 12/04/17 Page 2 of 3

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ASSOCIATION AS SUCCESSOR BY
MERGER TO LASALLE BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR
WASHINGTON MUTUAL MORTGAGE
PASS-THROUGH CERTIFICATES WMALT
SERIES 2006-AR9 TRUST; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC. AS NOMINEE BENEFICIARY FOR
ALLIANCE BANCORP,
Counter/Cross Defendants.

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Defendant/Counter/Cross-claimant, SFR INVESTMENTS POOL 1, LLC (“SFR”),

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Cross-defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”),

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by and through their respective counsel of record, hereby stipulate and agree as follows:

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WHEREAS,

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1.

SFR named MERS as a Cross-defendant in this action;

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2.

The property located at 10856 Vineyard Pass Street, Las Vegas, Nevada 89141

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(“Property”), was subject to a deed of trust recorded against the Property, on August 10, 2006, as

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Instrument Number 20060810-0001524 in the Official Records of the Clark County, Nevada

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Recorder’s Office (“Deed of Trust”);

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3.

MERS, solely as nominee for lender, Alliance Bancorp, and its successor and

assigns, was designated as the original beneficiary of the Deed of Trust;
4.

On July 11, 2012, the Property was sold pursuant to a Nevada homeowners’

association (“HOA”) lien defined under NRS 116.3116(2);
5.

On July 24, 2012, a Trustee’s Deed Upon Sale was recorded against the Property

to memorialize the sale HOA sale;
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MERS, as nominee for Alliance Bancorp, and its successors and assigns, hereby

disclaims all interest in the Deed of Trust against the Property;
9.

SFR will not seek to recover costs or attorney’s fees against MERS as a result of

this disclaimer of interest.
IT IS FURTHER STIPULATED AND AGREED that the above-referenced matter,
including all claims for relief thereto, shall be dismissed WITH PREJUDICE as against MERS.

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Case 2:17-cv-00708-JCM-PAL Document 60 Filed 12/04/17 Page 3 of 3

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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 each party shall bear its own
attorney’s fees and costs.

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DATED this 4th day of December, 2017.

DATED this 4th day of December, 2017.

WRIGHT, FINLAY & ZAK, LLP

KIM GILBERT EBRON

/s/ Yanxiong Li, Esq.

/s/ Diana S. Ebron, Esq.
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625 Dean Martin Drive, Ste. 110
Las Vegas, Nevada 89139
[phone]; Fax: [phone]
Attorney for Defendant/Counter/Crossclaimant, SFR Investments Pool 1, LLC

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Dana Jonathon Nitz, Esq.
Nevada Bar No. 00050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
Attorneys for Cross-Defendant, Mortgage
Electronic Registration Systems, Inc.

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ORDER

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IT IS SO ORDERED:
December 14, 2017
_________________
DATED

__________________________________
UNITED STATE DISTRICT JUDGE

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