JPMorgan Chase Bank, N.A. et al v. Allure Homeowners' Association, Inc.

Filing 13

ORDER granting 11 Stipulation of Final Judgment; Signed by Judge Kent J. Dawson on 2/25/2019. (Copies have been distributed pursuant to the NEF - JM)

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Kent F. Larsen, Esq.
Nevada Bar No. 3463
Christopher L. Benner, Esq.
Nevada Bar No. 8963
SMITH LARSEN & WIXOM
Hills Center Business Park
1935 Village Center Circle
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs
JPMorgan Chase Bank, N.A. and
Federal National Mortgage Association
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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JPMORGAN CHASE BANK, N.A., and
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

CASE NO: 2:17-cv-01652-KJD-PAL

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Plaintiffs,

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STIPULATION AND [PROPOSED]
ORDER OF FINAL JUDGMENT
CONFIRMING EXISTENCE AND
VALIDITY OF DEED OF TRUST

vs.
ALLURE HOMEOWNERS’
ASSOCIATION, INC., a Nevada non-profit
corporation,
Defendant.

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Plaintiffs JPMorgan Chase Bank, N.A., and Federal National Mortgage Association

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(“Plaintiffs”) and Defendant Allure Homeowners’ Association (the “Association”),

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(collectively, the “Plaintiffs”) and Defendant Allure Homeowners’ Association, Inc.,

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(“Allure”) (Allure and Plaintiffs are collectively referred to as the “Parties”) by and through
their respective counsel of record, hereby stipulate and agree as follows:

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1. This matter relates to real property located at 200 W. Sahara Avenue, #812, Las
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Vegas, Nevada 89119; Parcel No. 162-04-815-067 (the “Property”). The Property

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is more specifically described as:

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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Parcel One (1): Unit No. 306, located on Floor 3 of Allure
Condominiums as shown by map thereof on file in Book
138 of Plats, Page 16 in the Office of the County Recorder
of Clark County, Nevada (the "Condominium Plat") and as
defined and set forth in and subject to that certain
Declaration of Condominium for Allure Condominiums,
recorded on October 4, 2007, in Book 20071004 as
instrument 0004147, of the Official Records of the County
Recorder, Clark County, Nevada (the "Declaration").
Parcel Two (2): ; An undivided fractional interest in the
Common Elements, as more fully provided in Section 5.1
of the Declaration, and shown on the Condominium Plat.
Parcel Three (3): A non-exclusive easement for ingress,
egress and recreational use on, over and under the Common
Elements shown on the Condominium Plat and subject to
the terms, conditions and restrictions of such use under the
terms of the Declaration, which easement is appurtenant to
Parcels One (1) and Two (2) above. EXCEPTING
THEREFROM all Units and Limited Common Elements
not appurtenant to the Unit being conveyed by this deed as
shown on the Condominium Plat and more particularly
described in the Declaration. AND FURTHER
EXCEPTING THEREFROM for the benefit of owners in
future development, non-exclusive easements on, over and
under the Common Elements as shown on the
Condominium Plat for ingress, egress and use, but subject
to the terms and conditions of the Declaration.
Parcel Four (4): The exclusive right to use the following
Limited Common Elements: (a) Parking Space(s) 281; all
as described as such in the Declaration and appurtenant to
Parcels One (1) and Two (2) described above.
2. Chase is the beneficiary of record of a Deed of Trust that encumbers the Property

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and was recorded on February 19, 2008, as Instrument Number 20080219-

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0003233 in the Official Records of Clark County, Nevada (the “Deed of Trust”).

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3. On December 24, 2013, Allure recorded a Foreclosure Deed as Instrument

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Number 20131224-0000929 in the Official Records of Clark County, Nevada (the

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“HOA Foreclosure Deed”), reflecting that the Association purchase the Property at

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a foreclosure sale of the Property held on November 26, 2013.

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4. On June 14, 2017, Plaintiffs initiated a quiet title action against George in the

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United States District Court, District of Nevada (the “Quiet Title Action”).

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5. The Parties have entered a confidential settlement agreement in which they have
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settled all claims between them in this case.
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6. The Deed of Trust survived and was not extinguished in any capacity by the HOA
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valid encumbrance against the Property following the recording of the HOA
Foreclosure Deed, and Allure’s interest in the Property is subject to the Deed of
Trust.
7. Each party is to bear their own fees and costs.

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Dated this February 22, 2019

Dated February 22, 2019

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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Sale or the recording of the HOA Foreclosure Deed. The Deed of Trust remains a

SMITH LARSEN & WIXOM

LEACH KERN GRUCHOW ANDERSON
& SONG

/s/ Christopher L. Benner
Kent F. Larsen, Esq.
Nevada Bar No. 3463
Christopher L. Benner, Esq.
Nevada Bar No. 8963
Preston S. Mathews, Esq.
Nevada Bar No. 13720
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Plaintiffs
JPMorgan Chase Bank, N.A. and
Federal National Mortgage Association

/s/ T. Chase Pittsenbarger
Sean L. Anderson, Esq.
Nevada Bar No. 7259
T. Chase Pittsenbarger, Esq.
Nevada Bar No. 13740
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Attorneys for Defendant
Allure Homeowners’ Association

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ORDER
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Based on the above stipulation between Plaintiffs and Defendant Allure, the Parties'
agreement, and good cause appearing therefore,

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IT IS ORDERED that the Deed of Trust recorded in the Official Records of Clark

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County, Nevada against the real property located at 200 W. Sahara Avenue, #812, Las Vegas,

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Nevada 89119; Parcel No. 162-04-815-067 (the “Property”) on February 19, 2008, as
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Instrument Number 20080219-0003233 was not extinguished, impaired, or otherwise affected

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by the foreclosure sale conducted by the Allure Homeowners’ Association (the “Association”)

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on November 26, 2013 or the recording of the Foreclosure Deed in the Official Records of
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Clark County, Nevada, on December 24, 2013, as Instrument Number 20131224-0000929,

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reflecting that the Association purchased the Property at the foreclosure sale. Allure’s interest

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in the Property is subject to the Deed of Trust.

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IT IS FURTHER ORDERED that Plaintiffs shall be entitled to record this

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STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND
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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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VALIDITY OF DEED OF TRUST in the Official Records of Clark County, Nevada in
accordance with the rules of the Recorder’s Office.

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IT IS FURTHER ORDERED that this order constitutes the final judgment of this
Court, resolving all claims in this case with prejudice, each party to bear its own fees and

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costs.
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________________________________________
UNITED STATES JUDGE

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February 25, 2019
DATED: _________________________________

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Respectfully submitted:

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SMITH LARSON & WIXOM

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/s/ Christopher L. Benner
Christopher L. Benner, Esq.
Nevada Bar No. 8963
Hills Center Business Park
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Plaintiffs
JPMorgan Chase Bank, N.A. and
Federal National Mortgage Association

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