Bank Of New York Mellon v. Ruddell et al

Filing 38

ORDER that MERS disclaims any and all interest in the Deed of Trust against the Property. The 37 Stipulation of Dismissal as to Mortgage Electronic Registration Systems, Inc. is Dismissed with prejudice. Signed by Judge Richard F. Boulware, II on 12/4/2017. (Copies have been distributed pursuant to the NEF - SLD)

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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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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
CWALT, INC., ALTERNATIVE LOAN
TRUST 2006-HY11, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006HY11,

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STIPULATION AND ORDER FOR
DISCLAIMER OF INTEREST AND
DISMISSAL OF MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. WITH PREJUDICE

Plaintiff,

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2:17-cv-01074-RFB-NJK

vs.

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EMILY RUDDELL; SFR INVESTMENTS
POOL 1, LLC; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.;
WIGWAM RANCH SQUARE
HOMEOWNERS ASSOCIATION; DOE
INDIVIDUALS I-X, inclusive; and ROE
CORPORATIONS I-X, inclusive,
,
Defendants,
SFR INVESTMENTS POOL 1, LLC,
Counter/Cross Claimant,

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vs.
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE

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FOR THE CERTIFICATEHOLDERS OF
CWALT, INC., ALTERNATIVE LOAN
TRUST 2006-HY11, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006HY11; MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS
NOMINEE BENEFICIARY FOR
COUNTRYWIDE HOME LOANS, INC.;
EMILY RUDDELL, an individual,
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 8601 Little Fox Street, Las Vegas, Nevada 89123

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(“Property”), was subject to a deed of trust recorded against the Property, on March 31, 2006, as

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Instrument Number 20060331-0002965 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, Countrywide Home Loans, Inc., and its

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

On December 5, 2012, the Property was sold pursuant to a Nevada homeowners’

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

MERS, as nominee for Countrywide Home Loans, Inc., its successors and assigns

hereby disclaims all interest in the Deed of Trust against the Property;
8.

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

this disclaimer of interest.
IT IS HEREBY STIPULATED AND AGREED that MERS hereby disclaims any and
all interest in the Deed of Trust against the Property.
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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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 1st day of December, 2017.

DATED this 1st 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 4, 2017.
_________________
DATED

__________________________________
UNITED STATE DISTRICT JUDGE

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