Wilmington Savings Fund Society, FSB v. Saticoy Bay LLC Series 9338 Wilderness Glen Avenue et al

Filing 115

ORDER Granting 114 Stipulation to Substitute Real Party in Interest and Amend Caption. Signed by Magistrate Judge Brenda Weksler on 7/7/2022. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:17-cv-01775-JCM-BNW Document 115
114 Filed 07/07/22
07/06/22 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
Robert Riether Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff/Counter-Defendant, Wilmington Savings Fund Society, FSB, as Trustee
for Stanwich Mortgage Loan Trust A
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE FOR STANWICH
MORTGAGE LOAN TRUST A,

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Case No.: 2:17-cv-01775-JCM-BNW

STIPULATION AND ORDER TO
SUBSTITUTE REAL PARTY IN
INTEREST AND AMEND CAPTION

Plaintiff,
vs.
SATICOY BAY LLC SERIES 9338
WILDERNESS GLEN AVENUE;
YELLOWSTONE HOMEOWNERS
ASSOCIATION,
Defendants.

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SATICOY BAY LLC SERIES 9338
WILDERNESS GLEN AVENUE,

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Counterclaimant,
vs.
WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE FOR STANWICH
MORTGAGE LOAN TRUST A,

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Counter-Defendant.
Plaintiff/Counter-Defendant, Edward Brown (“Brown”), as substituted party for
Wilmington Savings Fund Society, FSB, as Trustee for Stanwich Mortgage Loan Trust A
(“Wilmington”), and Defendant/Counterclaimant Saticoy Bay LLC Series 9338 Wilderness Glen

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Case 2:17-cv-01775-JCM-BNW Document 115
114 Filed 07/07/22
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Avenue (“Saticoy”) (collectively, the “Parties”), by and through their counsel of record, by and

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through their respective attorneys of records, hereby agree and stipulate as follows.

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WHEREAS, on June 28, 2017, Wilmington filed Case No. 2:17-cv-01775-JCM-BNW

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(“Action”) against Saticoy Bay LLC Series 9338 Wilderness Glen Avenue and Yellowstone

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Homeowners Association, to quiet title to the Subject Property as to the Deed of Trust recorded in

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the official records of the Clark County Recorder’s Office on October 14, 2005, as Instrument

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No. 20051014-0003226 (“Subject Deed of Trust”);

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WHEREAS, Bank of America, N.A. was the lender of the Subject Deed of Trust pursuant
to the terms thereunder;

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WHEREAS, on or about March 29, 2014, Bank of America N.A. assigned the interest in

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the Subject Deed of Trust to Christiana Trust, a division of Wilmington Savings Fund Society,

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FSB, not in its individual capacity but as Trustee of ARLP Trust 3 via an Assignment of Deed of

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Trust recorded in the official records of the Clark County Recorder’s Office on April 4, 2014, as

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Instrument No 20140407-0000013;

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WHEREAS, on or about December 31, 2015, Christiana Trust, a division of Wilmington

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Savings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 3 assigned

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the interest in the Subject Deed of Trust to Wilmington Savings Fund Society, FSB, as Trustee for

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Stanwich Mortgage Loan Trust A via an Assignment of Deed of Trust recorded in the official

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records of the Clark County Recorder’s Office on August 16, 2017, as Instrument No. 20170816-

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0000002.

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WHEREAS, on or about June 21, 2022, Wilmington Savings Fund Society, FSB, as

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Trustee for Stanwich Mortgage Loan Trust A assigned the interest in the Subject Deed of Trust to

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Total Property Solutions, LLC via a Assignment of Deed of Trust recorded in the official records

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of the Clark County Recorder’s Office on June 21, 2022, as Instrument No. 20220621-0001929.

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WHEREAS, on or about June 21, 2022, Total Property Solutions, LLC assigned the interest

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in the Subject Deed of Trust to RCG Note Partners, LLC via a Assignment of Deed of Trust

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recorded in the official records of the Clark County Recorder’s Office on June 21, 2022, as

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Instrument No. 20220621-0001931.

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Case 2:17-cv-01775-JCM-BNW Document 115
114 Filed 07/07/22
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WHEREAS, on or about June 21, 2022, RCG Note Partners, LLC assigned the interest in

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the Subject Deed of Trust to Scottsdale REI, LLC via a Assignment of Deed of Trust recorded in

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the official records of the Clark County Recorder’s Office on June 21, 2022, as Instrument No.

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20220621-0001932.

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WHEREAS, on or about June 21, 2022, Scottsdale REI, LLC assigned the interest in the

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Subject Deed of Trust to Edward Brown via a Assignment of Deed of Trust recorded in the official

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records of the Clark County Recorder’s Office on June 21, 2022, as Instrument No. 20220621-

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0001934.

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WHEREAS, the parties, by and through their undersigned counsels of record, hereby

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stipulate to substitute EDWARD BROWN as the Plaintiff/Counterdefendant in this action in the

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place and stead of WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR

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STANWICH MORTGAGE LOAN TRUST A;

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IT IS SO STIPULATED.

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DATED this 6th day of July, 2022.

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DATED this 6th day of July, 2022.

WRIGHT, FINLAY & ZAK, LLP

ROGER P. CROTEAU & ASSOCIATES,
LTD

/s/ Robert A. Riether
Robert Riether Esq.
Nevada Bar No. 12076
Attorneys for Plaintiff/Counter-Defendant,
Wilmington Savings Fund Society, FSB, as
Trustee for Stanwich Mortgage Loan Trust A

/s/ Christopher L. Benner
Christopher L. Benner, Esq.
Nevada Bar No. 8963
Attorneys for Defendant/Counterclaimant
Saticoy Bay LLC Series 9338 Wilderness
Glen Avenue

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IT IS SO ORDERED
IT IS SO10:17
ORDERED.
am, July 07, 2022
DATED:

ORDER

Dated this _____ day of _____________, 2022.

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BRENDA WEKSLER
________________________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT COURT JUDGE

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