Deutsche Bank National Trust Company v. Lee Family Properties, LLC et al

Filing 79

ORDERED that the foregoing Stipulation and Order (ECF No. 77 ) to Dismiss Litigation With Prejudice and For Judgment that Deed of Trust Survived HOA Sale by and among the Parties is approved. Signed by Chief Judge Miranda M. Du on 3/11/2020. (Copies have been distributed pursuant to the NEF - DRM)

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Jeffrey Willis, Esq.
Nevada Bar No. 4797
Holly E. Cheong, Esq.
Nevada Bar No. 11936
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff Deutsche Bank National Trust
Company, as Trustee for First Franklin Mortgage Loan
Trust 2006-FF11
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR FIRST
FRANKLIN MORTGAGE LOAN TRUST
2006-FF11;

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Plaintiff,

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vs.

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LEE FAMILY PROPERTIES, LLC; LP
HOMEOWNERS ASSOCIATION AKA LAS
PALMERAS HOMEOWNERS
ASSOCIATION; and ALESSI & KOENIG,
LLC;

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Case No. 2:17-cv-01513-MMD-VCF

STIPULATION AND ORDER TO
DISMISS LITIGATION WITH
PREJUDICE AND FOR JUDGMENT
THAT DEED OF TRUST
SURVIVED HOA SALE

Defendants.
AND RELATED COUNTERCLAIMS

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Pursuant to Federal Rule of Civil Procedure 41(a)(2), it is hereby stipulated and agreed

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between Plaintiff/Counterdefendant DEUTSCHE BANK NATIONAL TRUST COMPANY, AS

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TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11 (“Deutsche

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Bank”),

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HOMEOWNERS ASSOCIATION (the “HOA”) and Defendant/Counterclaimant LEE FAMILY

Defendant

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4819-8977-6550

LP

HOMEOWNERS

ASSOCIATION

AKA

LAS

PALMERAS

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PROPERTIES, LLC (“Lee Family”) (collectively, the “Parties”1), by and through their respective

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counsel, that:

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1.

Except as to Deutsche Bank’s counterclaim for quiet title in part for which this

Court enters Judgment, this action, is dismissed in its entirety, with prejudice;

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2.

All outstanding hearings and deadlines shall be vacated;

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3.

The Parties shall bear their own attorneys’ fees and costs associated with this

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This lawsuit related to the real property located at 646 Roberta Alecia Avenue,

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action;

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North Las Vegas, Nevada 89031, APN 124-34-111-003 (the “Property”);

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5.

A Deed of Trust (“Deed of Trust”) was recorded against the Property in the

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Official Records of Clark County, Nevada, as Document No. 20060601-0001091, on June 1,

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2006;

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6.

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On or about May 28, 2014, the HOA foreclosed a lien for delinquent homeowners’

2009;

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An assignment of the Deed of Trust to Deutsche Bank was recorded on June 29,

assessments, transferring an interest in the Property to Lee Family (“HOA Foreclosure Sale”);

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8.

Judgment may be entered on Deutsche Bank’s quiet title claim stating that the

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Deed of Trust survived the homeowners’ association foreclosure sale and continues to encumber

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the Property. The Property is more specifically described as follows:

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Parcel One:

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Lot Thirty-two (32) in Block One (1) of Las Palmeras, Phase II, as
shown by map thereof on file in Book 73 of Plats, Page 79 in the
Office of the County Recorder, Clark County, Nevada and amended
by that certain Certificate of Amendment recorded August 13, 1996
in Book 960813 as Document No. 01949 of official records.

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Alessi & Koenig, LLC has not appeared in this litigation.

4819-8977-6550

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Parcel Two:

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Together with an easement for ingress, egress and use in and to the
common elements and private drives as shown on the final map of
Las Palmeras Phase II.

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9.

All Notices of Lis Pendens recorded against the Property, including but not

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limited to the Notice of Lis Pendens recorded on June 16, 2017, as Document No. 20170616-

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0001032, shall be cancelled and expunged of record.

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DATED: March 10, 2020

DATED: March 10, 2020

LEE, LANDRUM & CARLSON, APC

SNELL & WILMER L.L.P.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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/s/ Elizabeth C. Spaur
ELIZABETH C. SPAUR, ESQ.
7575 Vegas Drive, Suite 150
Las Vegas, Nevada 89128

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Attorneys for Lee Family Properties, LLC

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/s/ Holly E. Cheong
JEFFREY WILLIS, ESQ.
HOLLY E. CHEONG, ESQ.
3883 Howard Hughes Pkwy, Ste 1100
Las Vegas, Nevada 89169
Attorneys for Deutsche Bank National Trust
Company, as Trustee for First Franklin
Mortgage Loan Trust 2006-FF11

SIGNATURES AND ORDER CONTINUED ON NEXT PAGE

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4819-8977-6550

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DATED: March 10, 2020
TYSON & MENDES, LLC

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/s/ Margaret Schmidt
MARGARET SCHMIDT, ESQ.
3960 Howard Hughes Pkwy, Ste 600
Las Vegas, Nevada 89169
Attorneys for LP Homeowners Association aka
Las Palmeras Homeowners Association

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ORDER

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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IT IS HEREBY ORDERED that the foregoing Stipulation and Order to Dismiss

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Litigation With Prejudice and For Judgment that Deed of Trust Survived HOA Sale by and

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among the Parties is approved.

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IT IS SO ORDERED.

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DATED: March 11, 2020

_____
U.S. DISTRICT COURT JUDGE

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4819-8977-6550

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