Villasenor v. U.S. Bank, NA, et al

Filing 19

CONSENT JUDGMENT. Plaintiff voluntarily dismisses each of his claims against the remaining Defendants with prejudice. Plaintiff's Complaint is dismissed. Each of Ralph Partners II LLC's remaining claims are dismissed. Any notice of lis pendens recorded against the Property is hereby released and expunged from title to the Property. Signed by Chief Judge Gloria M. Navarro on 8/30/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01099-GMN-VCF Document 17 Filed 07/27/17 Page 1 of 8

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STIP
John T. Steffen (4390)
Bradley G. Sims ( 11713)
HUTCHISON & STEFFEN, PLLC
I 0080 W. Alta Dr., Suite 200
Las Vegas, Nevada 89145
[phone]
[e-mail]

Atlomeysfor Ralph Partners II. LLC

UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEV ADA
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) CASE NO.: 2:17-cv-01099-GMN-VCF
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JESUS P. VILLASENOR,
Plaintiff,

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v.

) STIPULATED JUDGMENT
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U.S. BANK, N.A. as Trustee, successor in
interest to BANK OF AMERICA, N.A. as
Trustee for Washington Mutual Mortgage
~
Pass-Through Certificates WMALT series
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1007-0A Trust; BANK OF AMERICA, N.A.,)
successor to COUNTRYWIDE BANK, N.A., ~
JP MORGAN CHASE BANK, N.A.; SELECT)
PORTFOLIO SERVICING, ~NC. (SPSO;
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WELLS FARGO BANK, N.A. substituted
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Trustee and/or servicer QUALITY LOAN
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SERVICE CORPORATION, substituted
Trustee; MORTGAGE ELECTRONIC
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REGISTRATION SYSTEMS, INC., (Original )
Nominee Beneficiary on Deed of Trust); its
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assignees and/or successors; DOES I through ~
X, inclusive, and ROE CORPORATIONS I )
through X, inclusive. ,
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Defendants.

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~~~~~~~~~~~~-~

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Ralph Partners II, LLC,

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Intervenor.

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Case 2:17-cv-01099-GMN-VCF Document 17 Filed 07/27/17 Page 2 of 8

Plaintiff Jesus P. Villasenor ("Plaintiff'), in proper person, Defendant Quality Loan
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Service Corporation ("QLS"), by and through its counsel of record, McCarthy & Holthus,

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LLP, Defendant Select Po1ifolio Servicing, Inc. ("SPS"), by and through its counsel of

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record, Smith Larsen & Wixom, Chartered, and Intervenor Ralph Partners II, LLC ("RPII")

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by and through its counsel of record, Hutchison & Steffen, LLC, hereby stipul"ate and agree
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as follows:

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commonly known as, 4373 Thorndale Place, Las Vegas, Nevada 89103 (APN: 163-23-213-

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Plaintiff was the prior owner of real prope1iy located in Clark County, Nevada

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LOT 20 IN BLOCK 9 OF LAURELWOOD SPRING
VALLEY UNiT #3, AS SHOWN BY MAP THEREOF ON
FILE IN BOOK 16 OF PLATS, PAGE 43 IN THE OFFICE
OF THE COUNTY RECORDER OF CLARK COUNTY,
NEVADA.

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("the Property"),

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2.

Plaintiff financed the purchase of the Property with a loan ("the Loan"), evidenced

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by a note ("the Note") and secured by a deed of trust. The deed of trust was re.corded in the

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Official Records of the Clark County Recorder on or about February 23, 2007 as Instrument

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No. 20070223-0004076 ("the Deed of Trust").

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3.

On or about December 15, 2015 the beneficiaries of the Deed of Trust recorded an

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affidavit representing that a default had occurred and permitting QLS to sell the home
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through a non-judicial foreclosure proceeding.

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4.

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recorded against the Property in the Official Records of the Clark County Recordet· as

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On or about November 21, 2016 a Ce1tificate of Foreclosure Mediation was

Instrument No. 20 l 61 121-0002171, stating that the beneficiary of the Deed of Trust could

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proceed with foreclosure.

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Case 2:17-cv-01099-GMN-VCF Document 17 Filed 07/27/17 Page 3 of 8

5.

On or about February 21, 2017, QLS recorded a Notice of Sale against the Property

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in the official records of the Clark County Recorder as Instrument No. 20170221-0001635.

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On or about March 17, 2017, RPII purchased the Prope11y at a public, non-judicial

foreclosure sale conducted by QLS in accordance with NRS 107.080 et seq. and pursuant

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to a duly recorded deed of trust ("Foreclosure Sale").
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RPll, as an independent purchaser, purchased the Property for the sum of

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$208,000.00 at the Foreclosure Sale;

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As a result of the Foreclosure Sale, RPII received a Trustee's Deed Upon Sale

conveying title to the Prope11y to RPll pursuant to NRS Chapter l 07 and the Deed of Trust

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("TDUS"). The TDUS was recorded in the Official Records of the Clark County Recorder,

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as Instrument No. 201704070002637.

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9.

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of the Property in the Eighth Judicial District Court, Clark County Nevada, Case No. A-17-

Prior to the Foreclosure Sale, Plaintiff commenced an action to enjoin foreclosure

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752359-C, XXIII (the "Action");
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The Action was subsequently removed to United States District Court for the District

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of Nevada, Case No. 2:17-cv-01099-GMN-VCF.

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RPII subsequently filed a motion to intervene and brought claims for Quiet Title and

Declaratory Relief.

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The parties wish to fully and forever resolve all claims, causes of actions, and

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controversies between them with respect to the Property.
Plaintiff hereby releases any right, title claim and interest in and to the Property and

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affirmatively stipulates, agrees, and acknowledges that Ralph Partners ll, LLC is fully

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vested with clear, marketable title to the Property pursuant to NRS 107.080(5), the

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Foreclosure Sale, the Deed of Trust, and the_JDUS.

Case 2:17-cv-01099-GMN-VCF Document 17 Filed 07/27/17 Page 4 of 8

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Plaintiff hereby voluntarily dismisses each of his claims against the remaining

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Defendants with prejudice.

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Ralph Paitners II, LLC hereby dismisses all claims brought in its complaint in

intervention.

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Each paity shall bear their own respective attorneys' fees and costs.

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Any notice of lis pendens recorded against the Prope1iy is hereby immediately

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released and otherwise expunged from title to the Prope1iy.

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It is so stipulated.

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DATED this~ day

of·~·\A~~), 2017.

DAIBD this fictay of

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MCCARTHY HOLTHUS, LLP

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Kristi~

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.JiJ;r-' 2017.

John T. Steffen, Esq.
Bradley G. Sims, Esq.
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145

Priscilla L Baker, Esq.
9510 West Sahara Avenue, Suite 200
Las Vegas, NV 89117

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Attorneys for Ralph Partners II, LLC

Attorneys for Quality Loan Servicing
Corporation.

DATED this _ _ day of _ _ _ , 2017.

DATED tins __l_!j__ day of_----+-"-• 2017.

Jesus P. Villasenor

KenfF;·Larsen;·Esq.
Hills Center Business Park
1935 Village Center Circle
Las Vegas, NV 89134

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'-•.

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Plaintiff in Proper Person

Attorney.for Select Por(folio Servicing

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Case 2:17-cv-01099-GMN-VCF Document 17 Filed 07/27/17 Page 5 of 8

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Plaintiff hereby voluntarily dismisses each of his claims against the remaining

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Defendants with prejudice.

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Ralph Partners II, LLC hereby dismisses all claims brought in its complaint in

intervention.

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Each party shall bear their own respective attorneys' fees and costs.

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Any notice of !is pendens recorded against the Property is hereby immediately

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released and otherwise expunged from title to the Property.

It is so stipulated.
DATED this _ _ dayof _ _ _ , 2017.

DATED this _ _ day of _ _ _ , 2017.

HUTCHISON & STEFFEN, PLLC

MCCARTHY HOLTHUS, LLP

John T. Steffen, Esq.
Bradley G. Sims, Esq.
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145

Kristin A Schuler-Hintz, Esq.
Priscilla L Baker, Esq.
9 510 West Sahara A venue, Suite 200
Las Vegas, NV 89117

Attorneys.for Ralph Partners II, LLC

Attorneys for Quality Loan Serv;c(ng
Corporation.

DATED this _ _ day of _ _ _, 2017.

DATED this _ _ day of _ _____:-• 2017.

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SMITH, LARSEN, & WIXOM

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Jesus P. Villasenor

Kent f'. Larsen, Esq.
Hills Center Business Park
1935 Village Center Circle
Las Vegas, NV 89134

Plaillf[[f in Proper Person

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Attomeyfor Select Por(folio Servicing

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Case 2:17-cv-01099-GMN-VCF Document 17 Filed 07/27/17 Page 6 of 8

State of Nevada
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County of Clark

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This instrument was signed and acknowledged before me by Jesus P. Villasenor on
this

_L~ay of~, 2017.

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NOTARY PUBLIC
My Commission Expires:

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PATKLEITZ
NOTARY PUBLIC
STATE OF NEVADA
MY COMMISSION EXP. 5·13·2018
CERTIFICATE NO: 94·3850·1

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S -/;3-:Jo/f{

Case 2:17-cv-01099-GMN-VCF Document 17 Filed 07/27/17 Page 7 of 8

ORDER
Therefore, based upon the above stipulation of the parties, and for good cause

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appearing:

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IT IS HEREBY ORDERED that Plaintiff's Complaint is hereby dismissed.

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IT IS FURTHER ORDERED that Plaintiff Jesus P. Villasenor, on behalf of himself,
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his successors-in-interest, and assigns, has forever relinquished and does not have any right,
claim, title

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interest in the Property.

IT IS FURTHER ORDERED that Ralph Partners II, LLC is vested with clear,
marketable title to the Property pursuant to NRS 107.080(5), the Foreclosure Sale, the Deed

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of Trust, and the TDUS.
IT IS FURTHER ORDERED that each of Ralph Partners JI LLC's remaining clainis

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are hereby dismissed.

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IT JS FURTHER ORDERED that each patty shall bear their own respective

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attorneys' fees and costs.
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Case 2:17-cv-01099-GMN-VCF Document 17 Filed 07/27/17 Page 8 of 8

IT IS FURTHER ORDERED any notice of lis pendens recorded against the Property
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is hereby released and expunged from title to the Property.
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August, 2017.
DATED this _ _ day of~~-'2017.

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District Comt Judge

Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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Respectfully Submitted:

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HUTCHISON & STEFFEN, PLLC

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John T. Steffen (4390)
Bradley G. Sims ( 11713)
10080 W. Alta Dr., Suite 200
Las Vegas, Nevada 89145
[phone]
bsims@,hutchlegal.com

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Attorneysfor Ralph Partners II, LLC.

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