Prof-2013-S3 Legal Title Trust v. Desert Rain Holdings, LLC

Filing 15

ORDER Granting 14 Stipulation to Amend Complaint. Signed by Magistrate Judge Peggy A. Leen on 11/29/2017. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-01793-APG-PAL Document 14 Filed 11/15/17 Page 1 of 2

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 05506
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff, PROF-2013-S3 LEGAL TITLE TRUST, BY U.S. BANK NATIONAL
ASSOCIATION, AS LEGAL TITLE TRUSTEE

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PROF-2013-S3 LEGAL TITLE TRUST, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE,

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Case No.: 2:17-cv-01793-APG-PAL

STIPULATION AND ORDER TO
ALLOW PLAINTIFF TO AMEND ITS
COMPLAINT TO ADD PARTIES

Plaintiff,
vs.

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DESERT RAIN HOLDINGS, LLC; DOE
INDIVIDUALS I through X, inclusive; and
ROE CORPORATIONS I through X, inclusive,

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Defendants.

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COMES NOW, Plaintiff, PROF-2013-S3 Legal Title Trust, by U.S. Bank National

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Association, as Legal Title Trustee (hereinafter “Plaintiff” or “U.S. Bank”), by and through its
attorney, ROCK K. JUNG, ESQ., of the law firm of Wright, Finlay & Zak, LLP, and and
Defendant, Desert Rain Holdings, LLC (hereinafter “Desert” or “Defendant”), by and through its
counsel of record, Joseph P. Reiff, Esq., and hereby stipulate and agree as follows:
1.

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On June 29, 2017, Plaintiff filed the instant action concerning claims to the real

property commonly known as 3937 Rain Flower Lane, North Las Vegas, NV 89031, APN# 12430-611-062 (hereinafter the “Property”).
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Case 2:17-cv-01793-APG-PAL Document 14 Filed 11/15/17 Page 2 of 2

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2.

On August 19, 2017, Defendant filed its Answer to the Complaint.

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3.

On September 13, 2017 the parties submitted their Proposed Joint Discovery Plan

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and Scheduling Order.

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4.

On September 29, 2017 Plaintiff propounded discovery to Defendant.

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5.

Plaintiff has served its initial disclosures.

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6.

At this time, the parties agree that Highland Hills Homeowners Association, Inc.

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(hereinafter “HOA”) is a necessary party to the instant action and agree that Plaintiff should be

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permitted to amend its complaint to assert claims against the HOA.

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IT IS HEREBY STIPULATED AND AGREED that Plaintiff.shall have leave to amend
its pleadings in the form of a First Amended Complaint a copy of which is attached as Exhibit 1.
IT IS FURTHER STIPULATED AND AGREED that Plaintiff shall file its First
Amended Complaint within seven (7) days of entry of the order approving this stipulation.

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IT IS SO STIPULATED.
WRIGHT, FINLAY & ZAK, LLP
/s/ Rock K. Jung, Esq.
EDGAR C. SMITH, ESQ.
Nevada Bar No. 05506
E-Mail: [e-mail]
ROCK K. JUNG, ESQ.
Nevada Bar No. 10906
E-Mail: [e-mail]
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys For:
PROF-2013-S3 Legal Title Trust,
U.S. Bank National Association, as Legal
Title Trustee

/s/ Joseph P. Reiff, Esq.
JOSEPH P. REIFF, ESQ.
Nevada Bar No. 6469
E-Mail: [e-mail]
3001 E. Charleston Blvd., Suite A
Las Vegas, Nevada 89104
Attorney For:
Desert Rain Holdings, LLC

ORDER

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IT IS SO ORDERED.
UNITED STATES MAGISTRATE JUDGE
DATED: November 29, 2017

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 1 of 73

Exhibit 1

Exhibit 1

Exhibit 1

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 2 of 73

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff, PROF-2013-S3 LEGAL TITLE TRUST, BY U.S. BANK NATIONAL
ASSOCIATION, AS LEGAL TITLE TRUSTEE

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PROF-2013-S3 LEGAL TITLE TRUST, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE,

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Case No.: 2:17-cv-01793-APG-PAL

[PROPOSED] FIRST AMENDED
COMPLAINT FOR QUIET TITLE AND
DECLARATORY RELIEF

Plaintiff,
vs.

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DESERT RAIN HOLDINGS, LLC;
HIGHLAND HILLS HOMEOWNERS
ASSOCIATION, INC.; DOE INDIVIDUALS I
through X, inclusive; and ROE
CORPORATIONS I through X, inclusive,

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Defendants.
COMES NOW Plaintiff, PROF-2013-S3 LEGAL TITLE TRUST, BY U.S. BANK

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NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (“Plaintiff” or “U.S. Bank”), by

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and through its attorneys of record, Edgar C. Smith, Esq. and Rock K. Jung, Esq., of the law firm

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of Wright, Finlay & Zak, LLP, and hereby files this civil action against the Defendants.

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PARTIES, JURISDICTION AND VENUE
1.

The real property at issue is known as 3937 Rain Flower Lane, North Las Vegas,

Nevada 89031; APN 124-30-611-062 (the “Property”).
2.

The Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §

1332, as all Plaintiffs are “citizens of different States” from all defendants and the amount in

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 3 of 73

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controversy exceeds $75,000, exclusive of interest and costs. This Court also has original

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federal question jurisdiction under 28 U.S.C. § 1331 because Plaintiff, U.S. Bank, is asserting

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civil claims arising under the Constitution, laws, or treaties of the United States.

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3.

Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)(1)-(2)

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because Defendant resides in this district; a substantial part of the events or omissions giving rise

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to Plaintiff’s claims occurred in this district; and the Property that is the subject of this action is

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situated in this district, in North Las Vegas, Clark County, Nevada.

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4.

Plaintiff is a national banking association, with its main office located in the state

of Minnesota, organized and existing under the laws of the United States.

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5.

Plaintiff is now and at all times relevant herein, the assigned Beneficiary under a

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Deed of Trust signed by Andrea Robertson (“Borrower” or “Robertson”), a single woman, and

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recorded on August 31, 2010, in the official records of the Clark County Recorder’s Office

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(“Deed of Trust”), which encumbers the Property and secures a promissory note.

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6.

Upon information and belief, Desert Rain Holdings, LLC (hereinafter “Buyer”), is

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a Nevada limited liability company, licensed to do business in the State of Nevada and was

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named as the purchaser of the Property on a Trustee’s Deed Upon Sale recorded as Book and

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Instrument Number 20150312-0003125 in the official records of the Clark County Recorder’s

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Office.

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7.

Upon information and belief, Highland Hills Homeowners Association, Inc.

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(hereinafter the “HOA”) is a Nevada domestic non-profit Corporation, licensed to do business in

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the State of Nevada, and was the HOA that foreclosed on the Property.

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8.

Upon information and belief, non-party, Alessi & Koenig, LLC (hereinafter

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“HOA Trustee”) was a Nevada domestic limited-liability company licensed to do business in the

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State of Nevada, and acted as the foreclosure trustee, which allegedly mailed and served the

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foreclosure notices, if any, and cried the foreclosure sale for the HOA

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9.

In accordance with NRS Chapter 38.310, Plaintiff satisfied the Nevada Real

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Estate Division Alternative Dispute Resolution (hereinafter, “NRED”) requirement by filing a

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claim naming the HOA and HOA Trustee as respondents which was then served on said HOA

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 4 of 73

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and HOA Trustee. However, on November 6, 2017, the claim was closed out by NRED due to

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the HOA and HOA Trustee’s failure to timely file a written answer within 30 days after being

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served.1
GENERAL ALLEGATIONS

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10.

On or about June 12, 2008, the Borrower purchased the Property.2

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11.

The Deed of Trust executed by the Borrower identified FPF Wholesale, a division

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of Stearns Lending, Inc. as the Lender, Nevada Title Company as the Trustee, and Mortgage

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Electronic Registration Systems, Inc. (“MERS”) solely as a nominee for Lender and Lender’s

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successors and assigns, securing a loan in the amount of $186,834.00 (hereinafter the “Robertson

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Loan”).3

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12.

On October 8, 2012, an Assignment of Deed of Trust was recorded in which all

beneficial interest in the Deed of Trust was assigned to Bank of America, N.A.4

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13.

On May 29, 2014, an Assignment of Deed of Trust was recorded by which Bank

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of America, N.A. assigned all beneficial interest in the Deed of Trust to Secretary of Housing

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and Urban Development.5

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On June 11, 2014, an Assignment of Deed of Trust was recorded by which

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Secretary of Housing and Urban Development by PRMF Acquisition LLC, its attorney-in-fact,

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by Avenue 365 Lender Services, LLC, its designee assigned all beneficial interest in the Deed of

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Trust to U.S. Bank, National Association, as trustee for SROF-2013-S3 REMIC Trust I.6

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A true and correct copy of the Closing Correspondence from NRED Division dated November
6, 2007 is attached hereto as Exhibit 1
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A true and correct copy of the Grant, Bargain, Sale Deed recorded in the official records of the
Clark County Recorder’s Office as Book and Instrument Number 20080702-0000560 is attached
hereto as Exhibit 2. All other recordings stated hereafter are recorded in the same manner.
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A true and correct copy of the Deed of Trust recorded as Book and Instrument Number
20100831-0000266 is attached hereto as Exhibit 3.
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A true and correct copy of the Assignment of Deed of Trust recorded as Book and Instrument
Number 20121008-0001725 is attached hereto as Exhibit 4.
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A true and correct copy of the Assignment of Deed of Trust recorded as Book and Instrument
Number 20140529-0000168 is attached hereto as Exhibit 5.
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A true and correct copy of the Assignment of Deed of Trust recorded as Book and Instrument
Number 20140611-0002093 is attached hereto as Exhibit 6.

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15.

On July 20, 2015, an Assignment of Deed of Trust was recorded by which U.S.

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Bank, National Association, as trustee for SROF-2013-S3 REMIC Trust I assigned all beneficial

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interest in the Deed of Trust to USROF III Legal Title Trust 2015-1, by U.S. Bank National

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Association, as Legal Title Trustee.7

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On October 21, 2016, an Assignment of Deed of Trust was recorded by which

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U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title

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Trustee assigned all beneficial interest in the Deed of Trust to PROF-2013-S3 Legal Title Trust,

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by U.S. Bank National Association, as Legal Title Trustee.8

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17.

On August 28, 2013, a Notice of Delinquent Assessment (Lien) (“HOA Lien”)

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was recorded against the Property by Alessi & Koenig, LLC (the “HOA Trustee”) on behalf of

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Highland Hills Homeowners Association (the “HOA”).9 The HOA Trustee acted as the

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foreclosure trustee, and allegedly mailed and served the foreclosure notices, if any, and cried the

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foreclosure sale for the HOA.
18.

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On December 10, 2013, a Notice of Default and Election to Sell under

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Homeowners Association Lien was recorded against the Property by the HOA Trustee on behalf

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of the HOA, stating that the amount due as of December 8, 2013 was $2,051.56.10

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On May 27, 2014, a Notice of Trustee’s Sale was recorded against the Property by

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the HOA Trustee on behalf of the HOA, stating that the amount due as of May 12, 2014 was

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$3,174.84.11

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A true and correct copy of the Assignment of Deed of Trust recorded as Book and Instrument
Number 20150720-0000642 is attached hereto as Exhibit 7.
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A true and correct copy of the Assignment of Deed of Trust recorded as Book and Instrument
Number 20161021-0000980 is attached hereto as Exhibit 8.
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A true and correct copy of the Notice of Delinquent Assessment (Lien) recorded as Book and
Instrument Number 20130828-0000947 is attached hereto as Exhibit 9.
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A true and correct copy of the Notice of Default and Election to Sell under Homeowners
Association Lien recorded as Book and Instrument Number 20131210-0002542 is attached
hereto as Exhibit 10.
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A true and correct copy of the Notice of Trustee’s Sale recorded as Book and Instrument
Number 20140527-0001219 is attached hereto as Exhibit 11.

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20.

Upon information and belief, pursuant to the Trustee’s Deed Upon Sale, a non-

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judicial foreclosure sale occurred on or about October 29, 2014 (hereinafter, the “HOA Sale”),

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whereby Buyer acquired its interest, if any, in the Property for $30,000.00.12
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On March 12, 2015, a Trustee’s Deed Upon Sale – Corrective Trustee’s Deed

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upon Sale Inst #201412080002918 Recording to Correct Grantee Name was recorded against the

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Property, naming Buyer.13

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22.

The Trustee’s Deed Upon Sale stated that the amount of the unpaid debt together

with costs at the time of the HOA Sale was $4,199.84.

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23.

A homeowner’s association sale conducted pursuant to NRS Chapter 116 must

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comply with all notice provisions as stated in NRS 116.31162 through NRS 116.31168 and NRS

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107.090.

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24.

A lender or holder of a beneficial interest in a senior deed of trust, such as

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Plaintiff and its predecessors-in-interest in the Deed of Trust, has a right to cure a delinquent

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homeowner’s association lien in order to protect its interest.

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25.

Furthermore, the Declaration of Covenants, Conditions and Restrictions for

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Highland Hills Homeowners Association (“CC&Rs”) require reasonable notice of delinquency to

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all lien holders on the Property.
26.

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Upon information and belief, the HOA and its agent, the HOA Trustee, did not

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comply with all mailing and noticing requirements stated in NRS 116.31162 through NRS

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116.31168, or as required by the CC&Rs.

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A recorded notice of default must “describe the deficiency in payment.”

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The above-identified Notice of Default did not properly “describe the deficiency

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in payment” in violation of NRS Chapter 116.

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A true and correct copy of the Trustee’s Deed Upon Sale recorded as Book and Instrument
Number 20141208-0002918 is attached hereto as Exhibit 12.
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A true and correct copy of the Trustee’s Deed Upon Sale – Corrective Trustee’s Deed Upon
Sale Inst #201412080002918 recorded as Book and Instrument Number 20150312-0003125 is
attached hereto as Exhibit 13.

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29.

The HOA assessment lien and foreclosure notices included improper fees and

costs in amount demanded.

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30.

The HOA Sale occurred without notice to Plaintiff, or its predecessors, agents,

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servicers or trustees, what proportion whether any amount of the HOA lien included a super-

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priority amount.

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31.

The HOA Sale occurred without notice to Plaintiff, or its predecessors, agents,

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servicers or trustees, whether the HOA was foreclosing on the “super-priority” portion of its lien,

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if any, or under the non-super-priority portion of the lien.

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32.

The HOA Sale occurred without notice to Plaintiff, or its predecessors, agents,

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servicers or trustees, of a right to cure the delinquent assessments and the super-priority lien, if

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any.

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33.

The HOA Sale violated Plaintiff’s rights to due process because Plaintiff was not

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given proper, adequate notice and the opportunity to cure the deficiency or default in the

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payment of the HOA’s assessments and the super-priority lien, if any.

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34.

The HOA Sale was an invalid sale and could not have extinguished Plaintiff’s

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secured interest because of defects in the notices given to Plaintiff, or its predecessors, agents,

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servicers or trustees, if any.

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35.

Under NRS Chapter 116, a lien under NRS 116.3116(1) can only include costs

and fees that are specifically enumerated in the statute.

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36.

A homeowner’s association may only collect as a part of the super priority lien (a)

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nuisance abatement charges incurred by the association pursuant to NRS 116.310312 and (b)

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nine months of common assessments which became due prior to the institution of an action to

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enforce the lien.

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37.

Upon information and belief, the HOA Foreclosure Notices included improper

fees and costs in the amount demanded.

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38.

The attorney’s fees and the costs of collecting on a homeowner’s association lien

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cannot be included in the super-priority lien.

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39.

Upon information and belief, the HOA assessment lien and foreclosure notices

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included fines, interest, late fees, dues, attorney’s fees, and costs of collection that are not

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properly included in a super-priority lien under Nevada law and that are not permissible under

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NRS 116.3102 et seq.

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40.

The HOA Sale did not comply with NRS 116.3102 et seq. because none of the

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aforementioned notices identified above identified what portion of the claimed lien were for

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alleged late fees, interest, fines/violations, or collection fees/costs.

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41.

The HOA Sale deprived Plaintiff of its right to due process because the

foreclosure notices failed to identify the super-priority amount, to adequately describe the

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deficiency in payment, to provide Plaintiff notice of the correct super-priority amount, and to

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provide a reasonable opportunity to satisfy that amount.

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42.

Alternatively, the sale itself was valid but Buyer took its interest subject to

Plaintiff’s first position Deed of Trust.

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43.

The HOA Sale is unlawful and void because the “opt-in” provision in NRS

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116.3116 does not satisfy Constitutional Due Process safeguards under the 5th and 14th

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Amendment to the United States Constitution, nor Clause 1, Section 8, of the Nevada

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Constitution, so that the statute is unconstitutional on its face.

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44.

The HOA Sale is unlawful and void because the statutory scheme set forth in

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NRS 116.3116, et seq. constitutes a regulatory taking of private property without adequate

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compensation.

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45.

NRS Chapter 116 is unconstitutional on its face as it lacks any express

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requirement for the HOA or its agents to provide notice of a foreclosure to the holder of a first

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deed of trust or mortgage.
46.

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NRS Chapter 116 is unconstitutional on its face as it lacks any express

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requirement for the HOA or its agents to provide notice of the super-priority amount, if any, to

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the holder of a first deed of trust or mortgage to accept tender of the super-priority amount or any

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amount from the holder.

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47.

NRS Chapter 116 is unconstitutional on its face due to vagueness and ambiguity.

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48.

The HOA Sale deprived Plaintiff of its right to due process because the

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foreclosure notices failed to identify that an attempt to pay the super-priority amount had been

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made.

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49.

A homeowner’s association sale must be done in a commercially reasonable

manner.
50.

At the time of the HOA Sale, the amount owed on the Robertson Loan exceeded

$180,000.00.
51.

Upon information and belief, at the time of the HOA Sale, the fair market value of

the Property exceeded $181,000.00.

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52.

The amount paid at the HOA Sale allegedly totaled $30,000.00.

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53.

The HOA Sale was not commercially reasonable, and the HOA Sale was not done

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in good faith, in light of the sale price, and the market value of the Property, and the errors

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alleged above.

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54.

The circumstances of the HOA Sale of the Property breached the HOA’s

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obligations of good faith under NRS 116.1113 and its duty to act in a commercially reasonable

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manner.

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55.

The HOA Sale by which Buyer took its interest was commercially unreasonable if

it extinguished Plaintiff’s Deed of Trust.
56.

In the alternative, the HOA Sale was an invalid sale and could not have

extinguished Plaintiff’s secured interest because it was not a commercially reasonable sale.
57.

Without providing Plaintiff, or its predecessors, agents, servicers or trustees,

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notice of the correct super-priority amount and a reasonable opportunity to satisfy that amount,

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including its failure to identify the super-priority amount and its failure to adequately describe

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the deficiency in payment as required by Nevada law, the HOA Sale is commercially

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unreasonable and deprived Plaintiff of its right to due process.

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58.

Pursuant to NRS 116.31162(1) an association may only proceed with foreclosure

under NRS 116.31162-116.31168 if the declaration or CC&Rs so provide.

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59.

Upon information and belief, the HOA and the HOA Trustee failed to comply

with all requirements set forth in the CC&Rs, including any mortgage protection provisions.

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60.

Upon information and belief, because the recorded CC&Rs contained a

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Mortgagee Protection Clause, and because Plaintiff, or its predecessors, agents, servicers or

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trustees, were not given proper notice that the HOA intended to foreclose on the super-priority

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portion of the dues owe, Plaintiff did not know that it had to attend the HOA Sale to protect its

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security interest.

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61.

Upon information and belief, because the recorded CC&Rs contained a

Mortgagee Protection Clause, and because proper notice that the HOA intended to foreclose on

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the super-priority portion of the dues owing was not given, prospective bidders did not appear for

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the HOA Sale, making the HOA Sale commercially unreasonable.

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62.

Defendants knew that Plaintiff would rely on the Mortgagee Protection Clause

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contained in the recorded CC&Rs which are of public record, and knew that Plaintiff would not

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know that HOA was foreclosing on super-priority amounts because of the failure of the HOA

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and the HOA Trustee to provide such notice. Plaintiff’s absence from the HOA Sale allowed

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Buyer to appear at the HOA Sale and purchase the Property for a fraction of market value,

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making the HOA Sale commercially unreasonable.

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63.

Defendants knew that prospective bidders would be less likely to attend the HOA

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Sale because the public at large believed that Plaintiff was protected under the Mortgagee

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Protection Clause in the CC&Rs of public record, and that the public at large did not receive

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notice, constructive or actual, that the HOA was foreclosing on a super-priority portion of its lien

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because HOA and HOA Trustee improperly failed to provide such notice. The general public’s

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belief therefore was that a buyer at the HOA Sale would take title to the Property subject to

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Plaintiff’s Deed of Trust. This general belief resulted in the absence of prospective bidders at the

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HOA Sale, which allowed Buyer to appear at the HOA Sale and purchase the Property for a

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fraction of market value, making the HOA Sale commercially unreasonable.

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64.

The circumstances of the HOA Sale of the Property breached the HOA’s and the

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HOA Trustee’s obligations of good faith under NRS 116.1113 and their duty to act in a

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commercially reasonable manner.

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65.

Upon information and belief, Buyer is in the business of buying and selling real

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estate and/or are otherwise professional property purchasers, and either knew or should have

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known of defects with the HOA Sale based on the sales price, among other factors.

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66.

The circumstances of the HOA Sale of the Property and the Buyer’s status as a

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professional property purchaser prevent Buyer from being deemed a bona fide purchaser for

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value.

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67.

Upon information and belief, Buyer had actual, constructive, or inquiry notice of

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Plaintiff’s first Deed of Trust, and the CC&Rs including the Mortgage Protection Clause which

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prevent Buyer from being deemed a bona fide purchaser or encumbrancer for value.

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68.

be able to obtain insurable title to the Property as a result of the HOA Sale.

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Upon information and belief, Buyer knew or should have known that it would not

69.

As a direct and proximate result of the foregoing, Buyer is not entitled to bona

fide purchaser protection.

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70.

In the event Plaintiff’s interest in the Property is not reaffirmed nor restored,

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Plaintiff suffered damages in the amount of the fair market value of the Property or the unpaid

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balance of the Robertson Loan and Deed of Trust, at the time of the HOA Sale, whichever is

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greater, as a proximate result of Defendant’s acts and omissions.

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FIRST CAUSE OF ACTION
(Quiet Title/Declaratory Relief Pursuant to 28 U.S.C. § 2201,
NRS 30.010 et seq., and NRS 40.010)

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71.

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

72.

Pursuant to 28 U.S.C. § 2201, NRS 30.010 et seq., and NRS 40.010, this Court

herein.

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has the power and authority to declare Plaintiff’s rights and interests in the Property and to

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resolve Defendant’s adverse claim in the Property.

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73.

Further, pursuant to NRS 30.010 et seq., this Court has the power and authority to

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declare the rights and interests of the parties following the acts and omissions of the HOA and

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the HOA Trustee in foreclosing the Property.

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5
6

74.

Plaintiff’s Deed of Trust is the first secured interest on the Property as intended by

and whose priority is protected by NRS 116.3116(2)(b).
75.

Upon information and belief, Buyer claims an interest in the Property through the

7

Corrective Trustee’s Deed Upon Sale recorded in the official records of the Clark County

8

Recorder’s Office as Book and Instrument Number 20150312-0003125 adverse to Plaintiff’s

9

interest.

10

76.

Plaintiff is the current beneficiary under the Deed of Trust and the Robertson

11

Loan and is entitled to enforce its interest and first position status in the chain of title against

12

Buyer, or any successor in interest, for the reasons alleged herein.

13

77.

Because the CC&Rs and the Mortgage Protection Clause did not provide the

14

HOA with authority to foreclose on the Property, the HOA Sale could not have extinguished the

15

Deed of Trust or displaced it from its first position status in the chain of title, such that Buyer

16

took subject to the Deed of Trust. Or in the alternative, the HOA Sale is void, invalid, and/or

17

should be set aside.

18

78.

Because, upon information and belief, the HOA and the HOA Trustee failed to

19

provide proper, adequate and sufficient notices required by Nevada law and the CC&Rs, the

20

HOA Sale could not have extinguished the Deed of Trust or displaced it from its first position

21

status in the chain of title, such that Buyer took subject to the Deed of Trust. Or in the

22

alternative, the HOA Sale is void, invalid, and/or should be set aside.

23
24
25
26
27
28

79.

Based on the adverse claim being asserted by the Buyer, Plaintiff is entitled to a

judicial determination regarding the rights and interests of the respective parties to the case.
80.

A justiciable controversy exists between Plaintiff and Defendant and Plaintiff has

a legally protectable interest in the controversy. The issue is ripe for judicial determination.
81.

Upon information and belief, the Robertson Loan is a loan insured by the Federal

Housing Administration (“FHA”) with an assigned FHA Case Number of “332-5237429-703”.

Page 11 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 13 of 73

1
2

82.

property that is protected by the United States Constitution.

3
4

83.

The Property Clause of the United States Constitution applies and prevents

Plaintiff’s interest through its Deed of Trust from being divested by the HOA Sale.

5
6

Title or a mortgage interest in real property held by a federal agency is federal

84.

The Supremacy Clause of the United States Constitution applies and prevents

Plaintiff’s interest through its Deed of Trust from being divested by the HOA Sale.

7

85.

Applying NRS Chapter 116 or other state law in a manner that extinguishes

8

Plaintiff’s Deed of Trust would violate the Property and Supremacy Clauses of the United States

9

Constitution.

10

86.

Since the Robertson Loan is a FHA loan, it is a federally protected property

11

interest that cannot be divested by the actions of the Nevada Legislature through NRS Chapter

12

116.

13
14
15

87.

Based on the adverse claims being asserted by the parties, Plaintiff is entitled to a

judicial determination regarding the rights and interests of the respective parties to the case.
88.

For all the reasons set forth above and in the Factual Background, Plaintiff is

16

entitled to a determination from this Court, pursuant to 28 U.S.C. § 2201, NRS 30.010 and NRS

17

40.010, that Plaintiff is the beneficiary of a first position Deed of Trust which still encumbers the

18

Property.

19

89.

Based upon the foregoing, Plaintiff is entitled to a determination from this Court,

20

pursuant to 28 U.S.C. § 2201, NRS 30.010 and NRS 40.010, that the purported HOA Sale did

21

not extinguish the Deed of Trust because it was conducted in violation of NRS 116.3116 et seq.

22

and the CC&Rs.

23

90.

Plaintiff is entitled to a determination from this Court, pursuant to 28 U.S.C. §

24

2201, NRS 30.010 and NRS 40.010, that Plaintiff’s secured interest by virtue of its Deed of Trust

25

is superior to the interest, if any, acquired by Buyer through the Corrective Trustee’s Deed Upon

26

Sale, and all other parties, if any.

27
28

91.

In the alternative, if it is found under state law that Plaintiff’s interest could have

been extinguished by the HOA Sale, for all the reasons set forth above and in the Factual

Page 12 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 14 of 73

1

Background, Plaintiff is entitled to a determination from this Court, pursuant to 28 U.S.C. §

2

2201, NRS 30.010 and NRS 40.010, that the HOA Sale was void, invalid, and/or should be set

3

aside and conveyed no legitimate interest to Buyer.

4
5

92.

Plaintiff has been compelled to retain counsel to represent it in this matter and has

and will continue to incur attorney’s fees and costs.

6

SECOND CAUSE OF ACTION
(Declaratory Relief Under Amendments V and XIV
to the United States Constitution – Against Buyer)

7
8
9

93.
herein.

10
11
12

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

94.

Pursuant to 28 U.S.C. § 2201, this Court is empowered to declare the rights and

legal relations of the parties in this matter, both generally and in relation to the foreclosure sale
and the Property.

13

95.

On its face, NRS 116.3116 et seq., prior to its amendment effective October 1,

14
2015, violated Plaintiff’s constitutional rights to due process secured by the Fifth and Fourteenth
15
16
17

Amendments to the United States Constitution. See Bourne Valley Court Trust v. Wells Fargo
Bank, N.A., 832 F.3d 1154 (9th Cir. 2016).
96.

18
19

Plaintiff’s rights to due process.
97.

20
21

Any purported notice provided was inadequate, insufficient, and in violation of

An actual and justiciable controversy exists between Plaintiff and Defendant

regarding the purported HOA Sale and the rights associated with the HOA Sale.
98.

22

Without declaratory relief interpreting the constitutional validity of NRS

23

116.3116 et seq. prior to its amendment effective October 1, 2015, Plaintiff’s rights will be

24

adversely affected.

25

99.

Plaintiff is entitled to a declaration that the purported HOA Sale conducted under

26

NRS 116.3116 et seq. did not extinguish the Deed of Trust, which continued as a valid

27

encumbrance against the Property.

28

///

Page 13 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 15 of 73

1

100.

Based upon the foregoing, Plaintiff requests an order declaring that the purported

2

HOA Sale did not extinguish the Deed of Trust because it was conducted under NRS 116.3116 et

3

seq. prior to its amendment effective October 1, 2015, which on its face violated Plaintiff’s rights

4

to due process under the Fifth and Fourteenth Amendments to the United States Constitution.

5
6

101.

Plaintiff has been compelled to retain counsel to represent it in this matter and has

and will continue to incur attorney’s fees and costs.

7

THIRD CAUSE OF ACTION
(Quiet Title Under the Amendments V and XIV
to the United States Constitution – Against Buyer)

8
9

102.

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

103.

10

Pursuant to 28 U.S.C. § 2201 and NRS 40.010, this Court is empowered to

herein.

11
12
13
14
15
16
17
18
19

declare the rights and legal relations of the parties in this matter, both generally and in relation to
the foreclosure sale and the Property.
104.

The Deed of Trust is a first secured interest in the Property. Plaintiff owns the

Deed of Trust and is beneficiary of record of the Deed of Trust.
105.

Buyer claims an interest in the Property through the Corrective Trustee’s Deed

Upon Sale adverse to Plaintiff’s interest.
106.

On its face, NRS 116.3116 et seq., prior to its amendment effective October 1,

20

2015, violated Plaintiff’s constitutional rights to due process secured by the Fifth and Fourteenth

21

Amendments to the United States Constitution and thus did not extinguish the Deed of Trust.

22

See Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016).

23

107.

Any purported notice provided was inadequate, insufficient, and in violation of

24

Plaintiff’s rights to due process under the Fifth and Fourteenth Amendment to the United States

25

Constitution.

26
27
28

108.

Based on the adverse claims being asserted by the parties, Plaintiff is entitled to a

judicial determination that the Deed of Trust continues to encumber the Property after the HOA
Sale via the Trustee’s Deed Upon Sale.

Page 14 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 16 of 73

1

109.

Plaintiff is entitled to a determination that the HOA Sale (and any subsequent

2

transfers) did not convey the Property free and clear of the Deed of Trust to the Buyer at the

3

HOA Sale, and thus that any interest acquired by Buyer is subject to the Deed of Trust.

4
5

110.

Plaintiff has been compelled to retain counsel to represent it in this matter and has

and will continue to incur attorney’s fees and costs.

6

FOURTH CAUSE OF ACTION
(Permanent and Preliminary Injunction versus Buyer)

7
111.

8
9

Plaintiff incorporates by reference the allegations of all previous paragraphs, as if

fully set forth herein.

10

112.

As set forth above, Buyer may claim an ownership interest in the Property that is

11

adverse to Plaintiff.

12

113.

Any sale or transfer of the Property, prior to a judicial determination concerning

13

the respective rights and interests of the parties to the case, may be rendered invalid if Plaintiff’s

14

Deed of Trust still encumbered the Property in first position and was not extinguished by the

15

HOA Sale.
114.

16

Plaintiff has a reasonable probability of success on the merits of the Complaint,

17

for which compensatory damages will not compensate Plaintiff for the irreparable harm of the

18

loss of title to a bona fide purchaser or loss of the first position priority status secured by the

19

Property.

20

115.

Plaintiff has no adequate remedy at law due to the uniqueness of the Property

21

involved in the case.

22

116.

Plaintiff is entitled to a preliminary injunction and permanent injunction

23

prohibiting Buyer, its successors, assigns, and agents from conducting any sale, transfer or

24

encumbrance of the Property if it is claimed to be superior to Plaintiff’s Deed of Trust or not

25

subject to that Deed of Trust.
117.

26

Plaintiff is entitled to a preliminary injunction requiring Buyer to pay all taxes,

27

insurance, and homeowner’s association dues during the pendency of this action.

28

///

Page 15 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 17 of 73

1

118.

Plaintiff is entitled to a preliminary injunction requiring Buyer to segregate and

2

deposit all rents with the Court or a Court-approved trust account over which Buyer has no

3

control during the pendency of this action.

4
5

119.

Plaintiff has been compelled to retain counsel to represent it in this matter and has

and will continue to incur attorney’s fees and costs.

6

FIFTH CAUSE OF ACTION
(Unjust Enrichment versus All Defendants)

7
8

120.

herein.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

121.

Plaintiff has been deprived of the benefit of its secured deed of trust by the actions

of Defendants.
122.

Defendants have benefitted from the unlawful HOA Sale and nature of the real

property.
123.

Defendants have benefitted from Plaintiff and its predecessor’s payment of taxes,

insurance or homeowner’s association assessments since the time of the HOA Sale.
124.

Should Plaintiff’s Complaint be successful in quieting title against Buyer and the

HOA or setting aside the HOA Sale, Defendants will have been unjustly enriched by the HOA
Sale and the usage of the Property.
125.

Plaintiff will have suffered damages if Defendants are allowed to retain their

interest in the Property and the funds received from the HOA Sale.
126.

Plaintiff will have suffered damages if Defendants are allowed to retain their

interest in the Property, and enjoy the upkeep of the Property through Plaintiff’s payment of
taxes, insurance or homeowner’s association assessments since the time of the HOA Sale.
127.

Plaintiff is entitled to general and special damages, not yet liquidated.

128.

Plaintiff has furthermore been required to retain counsel and is entitled to recover

reasonable attorney’s fees for having brought the underlying action.

27
28

Page 16 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 18 of 73

1

SIXTH CAUSE OF ACTION

2

(Wrongful/Statutorily Defective Foreclosure versus the HOA)

3
4

129.

fully set forth herein.

5
6

Plaintiff incorporates by reference the allegations of all previous paragraphs, as if

130.

Plaintiff, by and through its predecessors-in-interest and agent, attempted to

tender the super-priority lien amount prior to the HOA Sale.

7

131.

The HOA through its agent, the HOA Trustee, improperly proceeded with the

8

HOA Sale or at the least to any extent the super-priority portion of the HOA’s lien was claimed

9

to be part of the HOA Sale.

10
11

132.

Upon information and belief, the HOA and HOA Trustee did not comply with all

mailing and noticing requirements stated in NRS 116.31162 through NRS 116.31168.

12

133.

13

assure due process.

14

134.

The HOA and HOA Trustee failed to provide notice pursuant to Nevada law and

Because the HOA Sale was wrongfully conducted and violated applicable law,

15

the Court should set aside the HOA Sale to the extent that it purports to have extinguished the

16

first Deed of Trust and delivered title to the Property to Buyer free and clear of that Deed of

17

Trust.

18

135.

Because the HOA and HOA Trustee did not give Plaintiff, or its agents, servicers

19

or predecessors-in-interest, the proper, adequate notice of the sale and the opportunity to cure

20

the deficiency or default in the payment of the HOA’s assessments required by Nevada statutes,

21

the CC&Rs, and Due Process, the HOA Sale should be set aside.

22

136.

The HOA assessment lien and foreclosure notices included improper fees and

23

costs in the amount demanded, and thus, the HOA Sale was wrongfully conducted and should

24

be set aside.

25
26
27
28

///
///
///
///

Page 17 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 19 of 73

1

137.

As a direct and proximate result of the HOA and HOA Trustee’s

2

wrongful/statutorily defective foreclosure of the Property by the HOA Sale, as more particularly

3

set forth above and in the General Allegations, Plaintiff suffered general and special damages in

4

an amount not presently known. Plaintiff will seek leave of court to assert said amounts when

5

they are determined.

6

138.

If it is determined that the Deed of Trust has been extinguished by the HOA Sale

7

as a proximate result of HOA and HOA Trustee’s wrongful/statutorily defective foreclosure of

8

the Property by the HOA Sale, Plaintiff has suffered special damages in the amount equal to the

9

fair market value of the Property or the unpaid balance of the Robertson Loan, plus interest, at

10

the time of the HOA Sale, whichever is greater, in an amount not presently known or liquidated,

11

and according to proof at trial.

12
13

139.

Plaintiff has been required to retain counsel to prosecute this action and is

entitled to recover reasonable attorney’s fees to prosecute this action.

14

SEVENTH CAUSE OF ACTION

15

(Negligence versus the HOA)

16
17
18

140.

Plaintiff incorporates by reference the allegations of all previous paragraphs, as if

fully set forth herein.
141.

The HOA and HOA Trustee owed a duty to Plaintiff and subordinate lienholders

19

to allow Plaintiff or its predecessors-in-interest and their respective agents, servicers or trustees,

20

if any, an opportunity to protect their interest and cure the super-priority lien threatening their

21

security interests.

22

142.

The HOA and HOA Trustee breached their duty by rejecting any and all attempts

23

of Plaintiff and Plaintiff’s predecessor to tender the super-priority lien amount and proceeding

24

with the HOA Sale on the super-priority lien.

25
26
27
28

143.

The HOA and HOA Trustee breached their duty by failing to disclose the

attempted payment of the super-priority portion of the lien, by failing to disclose the amount of
the super-priority lien in any foreclosure notices, by failing to inform Plaintiff and Plaintiff’s
predecessor what they believed the super-priority amount to be, by failing to specify that it was

Page 18 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 20 of 73

1

foreclosing on the super-priority portion of its lien as opposed to the non-super-priority portion,

2

and by failing to provide notice that Plaintiff, Plaintiff’s predecessor, and subordinate

3

lienholders had an opportunity to cure.

4
5

144.

their duties, the Deed of Trust has been threatened.

6
7

145.

10

146.

If Plaintiff is found to have lost its first security interest in the Property, it was

the direct and proximate result of the HOA and HOA Trustee’s breaches of their duties, and
Plaintiff has thereby suffered general and special damages.

11
12

As an actual and proximate result of the breaches of duties owed by the HOA

and HOA Trustee, Plaintiff has incurred general and special damages.

8
9

As an actual and proximate result of the HOA and HOA Trustee’s breaches of

147.

Plaintiff has been required to retain counsel to prosecute this action and is

entitled to recover reasonable attorney’s fees to prosecute this action.

13

EIGHTH CAUSE OF ACTION

14

(Negligence Per Se versus the HOA)

15
16

148.

Plaintiff incorporates by reference the allegations of all previous paragraphs, as if

fully set forth herein.

17

149.

NRS Chapter 116 imposes a duty on homeowners associations to conduct HOA

18

foreclosure sales in a manner that is consistent with its provisions and, by reference, the

19

provisions of NRS 107.090.

20

150.

The HOA breached the statutory duties imposed by NRS Chapter 116 by

21

proceeding with the HOA foreclosure sale; and by accepting the tendered super-priority lien

22

amount and proceeding with the HOA Sale without notice that the successful bidder would take

23

title subject to the Deed of Trust.

24
25

151.

amount in deficiency.

26
27
28

The HOA violated NRS 116.31162(1)(b)(1) by failing to disclose the correct

152.

Plaintiff is a member of the class of person whom NRS Chapter 116 is intended

to protect.
///

Page 19 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 21 of 73

1
2

153.

against which NRS Chapter 116 is intended to protect.

3
4

154.

As an actual and proximate result of the HOA’s breaches of their statutory

duties, the Deed of Trust is threatened.

5
6

The injury that Plaintiff faces – extinguishment of the Deed of Trust – is the type

155.

As an actual and proximate result of the HOA’s breaches of their duties, Plaintiff

has incurred general and special damages to bring this action, in an amount not yet liquidated.

7

156.

If it is determined that the Deed of Trust was extinguished, Plaintiff’s loss was

8

actually and proximately caused by the actions and inactions of the HOA and the breaches of

9

their statutory duties, and Plaintiff has thereby suffered general and special damages, not yet

10

liquidated

11
12

157.

Plaintiff has been required to retain counsel to prosecute this action and is

entitled to recover reasonable attorney’s fees to prosecute this action.

13

NINTH CAUSE OF ACTION

14

(Misrepresentation versus the HOA)

15
16
17

158.

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

159.

Plaintiff is within the class or persons or entities that the HOA intended or had

herein.

18

reason to expect to act or to refrain from action in reliance upon the acts of its agent, the HOA

19

Trustee.

20

160.

Plaintiff justifiably relied upon the HOA and its agent, the HOA Trustee, to

21

provide information to allow for payment of the super-priority portion of the lien prior to the

22

HOA Sale and the HOA and the HOA Trustee intended or had reason to expect their conduct

23

would be influenced.

24

161.

The HOA and HOA Trustee’s misrepresentations in not providing any requested

25

super-priority information and subsequently purporting to foreclose on the super-priority portion

26

of the lien were false or they had an insufficient basis for making the representations.

27
28

162.

The HOA had a pecuniary interest in having Plaintiff and its predecessors in

interest rely on the acts of its agent, the HOA Trustee.

Page 20 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 22 of 73

1

163.

The HOA failed to exercise reasonable care or competence in purporting to

2

foreclose on the super-priority lien despite attempted to pay off the super-priority portion of the

3

lien prior to the HOA Sale and its representations regarding the foreclosure were false or it had

4

an insufficient basis for making them.

5

164.

6

cause of its reliance.

7

165.

8

Plaintiff suffered general and specific damages, not yet liquidated, as a proximate

Plaintiff has been required to retain counsel to prosecute this action and is entitled

to recover reasonable attorney’s fees.

9

PRAYER

10

Wherefore, Plaintiff prays for judgment against the Defendant as follows:

11

1.

For a declaration and determination that Plaintiff’s interest is secured against the

12

Property, and that Plaintiff’s first Deed of Trust was not extinguished by the HOA

13

Sale;

14

2.

15
16

successors’ interest, in the Property, if any, is subject to the Deed of Trust;
3.

17
18

For a declaration and determination that Buyer’s interest, and any and all

For a declaration and determination that the HOA Sale was invalid to the extent it
purports to convey the Property free and clear to Buyer;

4.

In the alternative, for a declaration and determination that the HOA Sale was

19

void, invalid and/or should be set aside and conveyed no legitimate interest to

20

Buyer;

21

5.

In the alternative, for a declaration and determination that the HOA Foreclosure

22

Sale did not extinguish the Deed of Trust because it was conducted under a statute

23

that facially violated Plaintiff’s rights to due process;

24
25
26
27
28

6.

For a preliminary injunction that Buyer, its successors, assigns, and agents are
prohibited from conducting a sale or transfer of the Property and representing the
sale is free and clear of the Deed of Trust, unless Buyer tenders payment of the
debt secured by the Deed of Trust, or from encumbering the Property during the
pendency of this action;

Page 21 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 23 of 73

1

7.

For a preliminary injunction that Buyer, its successors, assigns, and agents pay all

2

taxes, insurance and homeowner’s association dues during the pendency of this

3

action;

4

8.

For a preliminary injunction that Buyer, its successors, assigns, and agents be

5

required to segregate and deposit all rents with the Court or a Court-approved

6

trust account over which Buyer, its successors, assigns, and agents have no

7

control during the pendency of this action;

8

9.

9

If it is determined that Plaintiff’s Deed of Trust has been extinguished by the
HOA Sale, for special damages in the amount of the fair market value of the

10

Property or the unpaid balance of the Robertson Loan and Deed of Trust, at the

11

time of the HOA Sale, whichever is greater;

12

10.

For general and special damages;

13

11.

For attorney’s fees;

14

12.

For costs incurred herein, including post-judgment costs; and

15

13.

For any and all further relief deemed appropriate by this Court.

16
17

DATED this 15th day of November, 2017.
WRIGHT, FINLAY & ZAK, LLP

18
19
20
21
22
23
24

/s/ Rock K. Jung_
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff, PROF-2013-S3 LEGAL
TITLE TRUST, BY U.S. BANK NATIONAL
ASSOCIATION, AS LEGAL TITLE TRUSTEE

25
26
27
28

Page 22 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 24 of 73

1
2
3
4
5
6
7
8
9
10

INDEX OF EXHIBITS
EXHIBIT
NUMBER
#1
#2
#3
#4
#5
#6
#7
#8
#9
#10
#11
#12
#13

DESCRIPTION
Grant, Bargain and Sale Deed
Deed of Trust
Assignment of Deed of Trust
Assignment of Deed of Trust
Assignment of Deed of Trust
Assignment of Deed of Trust
Assignment of Deed of Trust
Notice of Delinquent Assessment (Lien)
Notice of Default and Election to Sell Under Homeowners Association Lien
Notice of Trustee’s Sale
Trustee’s Deed Upon Sale
Corrective Trustee’s Deed Upon Sale

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 23 of 23

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 25 of 73

Exhibit 1: NRED Closing Letter

Exhibit 1: NRED Closing Letter

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 26 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 27 of 73

Exhibit : Grant, Bargain, Sale Deed

Exhibit : Grant, Bargain, Sale Deed

Branch :FLV,User :CON2

Comment:

Station Id :LK8M

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 28 of 73

11111111111111111111111111111111111111111111

20080702-0000560

Fee: $16.00 RPTT: $943.50
N/C Fee: $0.00
07/02/2008
08:05:27
T20080131834

Requestor:

TICOR TITLE OF NEVADA INC

APN No.:

Debbie Conway
KGP
Clark County Recorder Pgs: 4

~

124-30-611-062

Space Above for Recorder's Use Only
Escrow No.: 8120536-RR
R.P.T.T:
$943.50

Grant, Bargain, Sale Deed
THIS INDENTURE WITNESSETH: That Gwendolyn Collins, an unmarried woman
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, do hereby Grant,
Bargain, Sell and
Convey to Andrea Robertson a single woman
all that real property situated in the County of Clark, State of Nevada, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF
Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in
anywise appertaining.

SEE PAGE TWO (2) FOR NOTARY ACKNOWLEDGEMENT

CLARK,NV
Document: DED 2008.0702.560

Page 1 of 4

Printed on 1/9/2017 2:18:27 PM

Branch :FLV,User :CON2

Comment:

Station Id :LK8M

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 29 of 73

NOTARY ACKNOWLEDGEMENT FOR GRANT BARGAIN SALE DEED

Escrow No.: 8120536-RR

STATE OF NEVADA
COUNTY OF CLARK

} ss:

;./, {o

This instrument was ac~ged before me on _ _ _ _
Lf-'--"/k__::,_:f_:_~6_ _ _ _ _ _ _ _ _ _ _ _ __
by
G We-t7 ti ~ Ct9j)..u..o

NOTAOYO&;~

JohnGC)-..

WHEN RECORDED MAIL TO:
Andrea Robertson

3937 Rain Flower Lane
North Las Vegas, NV 89031
MAIL TAX STATEMENTS TO:
Andrea Robertson

same as above

CLARK,NV
Document: DED 2008.0702.560

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 30 of 73

EXHIBIT "A"
PARCEL I:
LOT TWENTY SEVEN (27) IN BLOCK THREE (3) OF HIGHLAND HILLS UNIT I,
AS SHOWN BY MAP THEREOF ON FILE IN BOOK 95, OF PLATS, PAGE 51, IN
THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.
PARCEL II:
A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS, EGRESS, USE AND
ENJOYMENT OF, IN TO AND OVER THOSE AREAS DELINEATED AS "PRIVATE
STREETS" AND "COMMON ELEMENTS" ON THE ABOVE REFERENCED PLAT,
AND DEFINED AS "ASSOCIATION PROPERTY" IN THE DECLARATION OF
COVENANTS CONDITIONS AND RESTRICTIONS FOR HIGHLAND HILLS
RECORDED OCTOBER 24,2000 IN BOOK 20001024 AS DOCUMENT NO. 00244,
OFFICIAL RECORDS.
Assessor's Parcel Number: 124-30-611-062

CLARK,NV
Document: DED 2008.0702.560

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 31 of 73

STATE OF NEVADA
DECLARATION OF VALUE FORM
l. Assessor Parcel Number(s)
a) 124-30-611-062
b)
c)
d)
2. Type of Property:
a) D Vacant Land
b) Jsingle Fam. Res
d) D 2-4 Plex
c) D Condoffwnhse
0 D Comm'l/lnd'l
e) D Apt. Bldg
g) D Agricultural
h) D Mobile Home
D Other_ _ _-,-_ _ _ _ _ __
3. Total Value/Sales Price of Property
Deed in Lieu of Foreclosure Only (value of property)

FOR RECORDER'S OPTIONAL USE ONLY
Book:
, Page:_t+--r---:-Date of Recording:},/ ~
Notes:
I 1.1\,.!j

f1Jt,..Jc

CO::VC:::::

J

$185.000.00
Transfer Tax Value:
$

Real Property Tax Due:

4.

l'SS, DOO-

$ 943.50

If Exemption Claimed:
a. Transfer Tax Exemption per NRS 375.090, Section _ _ _ __
b. Explain Reason for Exemption: - - - - - - - - - - - - - - - - - - - - - -

5. Partial Interest: Percentage being transferred:
\00
%
The undersigned declares and acknowledges, under penalty of perjury, pursuant to NRS 375.060
and NRS 375.110, that the information provided is correct to the best of their information and belief, and
can be supported by documentation if called upon to substantiate the information provided herein.
Furthermore, the parties agree that disallowance of any claimed exemption, or other determination of
additional tax due, may result in a penalty of 10% of the tax due plus interest at I% per month. Pursuant
to NRS 375. 0, the Buyer and Sell shall be jointly and severally liable for any additional amount
Capacity

_..::G:...;~~;,.:c~ b;_&-1'..,....:-_ _ _ _ __
__

Capacity _
SELLER !GRANTOR! INFORMATION
(REQIDREDl
Print Name: Gwendolvn Coll;;s
Address:
3937 l<_q 1 _ f'-l 0 ~ (j.-...L
City:
f\J'v\J
State:
NV
Zip:
'?ct 0-?1

I

_,G"'·_,_r._,a."-n'-'--'l:u.-='='------

BUYER (GRANTEE) INFORMATION
(REQUIRED!
Print Name: Andrea Robertson
Address: '3q':?-'f ~Y1 'Pl~ U1
City: N 1-D
State:
NV
Zip:
!?qo3/

COMPANYIPERSON REQUESTING RECORDING !required if not seller or buy)

Print Name TicorTitle of Nevada Inc.
Address 83 79 W. Sunset Road. Suite I 20
State: ;,:NV!.. !__ __
City: Las Vegas

CLARK,NV
Document: DED 2008.0702.560

Page 4 of 4

Escrow#

08I20536RR

Zip: 89113

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 32 of 73

Exhibit : Deed of Trust

Exhibit : Deed of Trust

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 33 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 34 of 73

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CLARK,NV
Document: DOT 2010.0831.266

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CLARK,NV
Document: DOT 2010.0831.266

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 37 of 73

CLARK,NV
Document: DOT 2010.0831.266

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 38 of 73

CLARK,NV
Document: DOT 2010.0831.266

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 39 of 73

CLARK,NV
Document: DOT 2010.0831.266

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 40 of 73

CLARK,NV
Document: DOT 2010.0831.266

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 41 of 73

CLARK,NV
Document: DOT 2010.0831.266

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CLARK,NV
Document: DOT 2010.0831.266

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 45 of 73

Branch :FLV,User :CON2

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 46 of 73

CLARK,NV
Document: DOT 2010.0831.266

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 47 of 73

Exhibit : Assignment of Deed of Trust

Exhibit : Assignment of Deed of Trust

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 48 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 49 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 50 of 73

Exhibit : Assignment of Deed of Trust

Exhibit : Assignment of Deed of Trust

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 51 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 52 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 53 of 73

Exhibit : Assignment of Deed of Trust

Exhibit : Assignment of Deed of Trust

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 54 of 73

Branch :FLV,User :CON2

Comment:

CLARK,NV
Document: DOT ASN 2014.0611.2093

Page 2 of 2

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 56 of 73

Exhibit : Assignment of Deed of Trust

Exhibit : Assignment of Deed of Trust

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 57 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 58 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 59 of 73

Exhibit : Assignment of Deed of Trust

Exhibit : Assignment of Deed of Trust

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 60 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 61 of 73

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 62 of 73

Exhibit : Notice of Delinquent Assessment Lien

Exhibit : Notice of Delinquent Assessment Lien

Branch :FLV,User :CON2

Comment:

Station Id :LK8M

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 63 of 73

lnst #: 20130828000094 7
Fees: $17.00
N/C Fee: $0.00
08/28/2013 08:51:36 AM
Receipt #: 1749994
Requester:
ALESSI & KOENIG LLC
Recorded By: DXI Pgs: 1

DEBBIE CONWAY
When recorded return to:

CLARK COUNTY RECORDER

ALESSI & KOENIG, LLC
9500 W. Flamingo Rd., Suite 205
Las Vegas, Nevada 89147
Phone: [phone]
A.P.N. 124-30-611-062

Trustee Sale # 36490

NOTICE OF DELINQUENT ASSESSMENT (LIEN)
In accordance with Nevada Revised Statutes and the Association's Declaration of Covenants, Conditions and
Restrictions (CC&Rs) of the official records of Clark County, Nevada, Highland Hills Homeowners
Association has a lien on the following legally described property.
The property against which the lien is imposed is commonly referred to as 3937 RAIN FLOWER LN,
NO LAS VEGAS, NV 89031-2059 and more particularly legally described as: HIGHLAND
HILLS UNIT I LOT 27 BLOCK 3 Book 95 Page 51 in the County of Clark.
The owner(s) of record as reflected on the public record as of today's date is (are):

ANDREA

ROBERTSON
The mailing address(es) is: 3937 RAIN

FLOWER LN, NO LAS VEGAS, NV 89031-2059

The total aroount due through today's date is: $940.57. Of this total aroount $875.00 represent Collection
and/or Attorney fees, assessments, interest, late fees and service charges. $65.57 represent collection costs.
Note: Additional monies shall accrue under this claim at the rate of the claimant's regular monthly or special
assessments, plus permissible late charges, costs of collection and interest, accruing subsequent to the date of
this notice.

State of Nevada
County of Clark
SUBSCRIBED and SWORN to before me on
(Seal)

AUG 2 2 2~}Huong Lam.

NOTARY PUBLIC
HEIDI A. HAGEN
STATE OF NEVADA- COUNTY OF ClARK

MY APPOINTMENT EXP. MAY 11, 2017

No: 13-10829-1

CLARK,NV
Document: LN HOA 2013.0828.947

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Exhibit

: otice of Default and Election to Sell
Under Homeowners Association Lien

Exhibit

: Notice of Default and Election to Sell
Under Homeowners Association Lien

Branch :FLV,User :CON2

Comment:

Station Id :LK8M

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 65 of 73

lnst #:

201312100002542

Fees: $17 .oo
N/C Fee: $0.00
12110/2013 12:24:21 PM
Receipt#: 1868250
Requestor:
ALESSI & KOENIG, LLC
Recorded By: ARO Pgs: 1

DEBBIE CONWAY
CLARK COUNTY RECORDER

When recorded mail to:
THE ALESSI & KOENIG, LLC
9500 West l<Jamingo Rd., Ste 205

Las Vegas, Nevada H9147
Phone: [phone]

AP.N. 124-30-611-062

Tmstcc Sale No. 36490

NOTfCg OF DEFAULT AND ELECTION TO SELL UNDER HOMEOWNERS ASSOCIATION Lll':N

WARNING! IF YOU FAll. TO PAY THE ANIOUNT SPECIFIED IN
THIS NOTICE, YOU COULD LOSE YOUR HOIVIE, EVEN lF THE
Al\fOUNT IS IN DISPUTE! You may have the right to bring your account in good standing
by paying all of your past due payments plus permitted costs and expenses within the time permitted
by .law for reinstatement of your account. The sale may not be set until ninety days from the dale this
notice of default recorded, which appears on this notice. The amount due is $2,051.56 as of the date
ofthis notice and will increase until your account becomes current. To ammge _for payment to stop the
foreclosure, contact: Highland Hills Homeowners Associntiou, c/o Alessi & Koenig, 9500 W.
Flamingo Rd, Ste 205, Las Vegas, NV 89147, {702)222-4033.
TI-llS NOTICE pursuant to that certain Notice of Delinquent Assessment Lien, recorded on August
28, 2013 as document number 0000947, of Official Records in the County of Cl:n·k, State of Nevada.
Owncr(s): ANDREA ROBERTSON, of HIGHLAND HILLS UNIT 1 LOT 27 BLOCK 3, as per
map recorded in Book 95, Pages 51, as shown on the Plan and Subdivision map recorded in the Maps
of the County of Clark, State of Nevada. PROPERTY ADDRESS: 3937 RAIN FLOWER I,N, NO
LAS VEGAS, NV 89031-2059. If you have any questions, you should contact an attorney.
Notwithstanding the fact that your property is in foreclosure, you may offer your property tl:w sale,
provided the sale is concluded prior to the conclusion of the foreclosure. RErvfEMBER YOU MA_Y
LOSE LEGAL RIGHTS 1F YOU DO NOT TAKE PROMPT ACTION. NOTICE IS HEREBY
GJVEN THAT Alessi & Koenig, LLC is appointed tmstce agent under the above referenced lien,
dated August 2H, 2613, on behalf of Highland Hills Homeowners Association to secure assessment
obligations in favor of said Association, pursuant to the terms contained in the Declaration of
Covenants, Conditions, and Restrictions (CC&Rs). A default in the obligation for which said CC&Rs
has occurred in that the payment(s) have not been made qf homeowners assessments due from
,January l, 20B and all subsequent asse.ssments, late charges, interest, collection and/or attorney fees
andcosts.
Dated:
J

p

DEC 08 2013

I

~

Huong Lam, Esq. of Alessi & Koenig, LLC on bchalfofHighhmd Hills I:Iomeowncl's Assuciatlon

CLARK,NV
Document: LN BR 2013.1210.2542

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Exhibit 1 : Notice of Trustee Sale

Exhibit 1 : Notice of Trustee Sale

Branch :FLV,User :CON2

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Station Id :LK8M

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 67 of 73

lnst #: 20140527-0001219
Fees: $17_00
N/C Fee: $0.00

05/27/2014 12:06:55 PM
Receipt#: 2036302
Requestor:
ALESSI & KOENIG, LLC
Recorded By: DXI Pgs: 1

DEBBIE CONWAY

When recorded mail to:
Alessi & Koenig, LLC
9500 W. Flamingo Rd., Ste. 205
Las Vegas, NV 89147
Phone: [phone]

CLARK COUNTY RECORDER

APN: 124-30-611-062

TSN 36490

NOTICE OF TRUSTEE'S SALE
WARNING! A SALE OF YOUR PROPERTY IS IMMINENT! UNLESS
YOU PAY THE AMOUNT SPECIFIED IN THIS NOTICE BEFORE THE
SALE DATE, YOU COULD LOSE YOUR HOME, EVEN IF THE
AMOUNT IS IN DISPUTE. YOU MUST ACT BEFORE THE SALE DATE.
IF YOU HAVE ANY QUESTIONS, PLEASE CALL ALESSI & KOENIG
AT 702-222-4033. IF YOU NEED ASSISTANCE, PLEASE CALL THE
FORECLOSURE SECTION OF THE OMBUDSMAN'S OFFICE, NEVADA
REAL ESTATE DIVISION, AT 1-877-829-9907 IMMEDIATELY.
NOTICE IS HEREBY GIVEN THAT:
On June 25, 2014, Alessi & Koenig as duly appointed Trustee pursuant to a certain lien, recorded on August
28,2013, as instrument number 0000947, of the official records of Clark County, Nevada, WILL SELL THE
BELOW MENTIONED PROPERTY TO THE HIGHEST BIDDER FOR LAWFUL MONEY OF THE
UNITED STATES, OR A CASHIERS CHECK at: 2:00p.m., at 9500 W. Flamingo Rd., Suite #205, Las
Vegas, Nevada 89147 (Alessi & Koenig, LLC Office Building, 2"d Floor)
The street address and other common designation, if any, of the real property described above is purported to
be: 3937 RAIN FLOWER LN, NO LAS VEGAS, NV 89031-2059. The owner of the real property is
purported to be: ANDREA ROBERTSON
The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common
designations, if any, shown herein. Said sale will be made, without covenant or warranty, expressed or
implied, regarding title, possession or encumbrances, to pay the remaining principal sum of a note,
homeowner's assessment or other obligation secured by this lien, with interest and other sum as provided
therein: plus advances, if any, under the terms thereof and interest on such advances, plus fees, charges,
expenses, of the Trustee and trust created by said lien. The total amount of the unpaid balance of the
obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time
of the initial publication of the Notice of Sale is $3,174.84. Payment must be in made in the form of certified
funds.
Date:

)

I /)

MAY 1 2 2014 ~

By: Huong Lam, Esq. of Alessi & Koenig LLC on behalf o'fHighland Hills Homeowners Association

CLARK,NV
Document: LN SLE 2014.0527.1219

Page 1 of 1

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Exhibit 1 : Trustee’s Deed Upon Sale

Exhibit 1 : Trustee’s Deed Upon Sale

Branch :FLV,User :CON2

Comment:

Station Id :LK8M

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 69 of 73

lnst #: 20141208-0002918
Fees: $17_00 N/C Fee: $0.00
RPTT: $632.40 Ex:#

12/08/2014 12:59:42 PM
Receipt#: 2244109
Requestor:
JUNES LEGAL SERVICES
Recorded By: LEX Pgs: 2
When recorded mail to and
Mail Tax Statements to:
Desert Rain Trust
6280 W Oquendo Road
Las Vegas, NV 89118
A.P.N. No.l24-30-6ll-062

DEBBIE CONWAY
CLARK COUNTY RECORDER

TS No.36490

TRUSTEE'S DEED UPON SALE
The Grantee (Buyer) herein was: Desert Rain Trust
The Foreclosing Beneficiary herein was: Highland Hills Homeowners Association
The amount of unpaid debt together with costs: $4,199.84
The amount paid by the Grantee (Buyer) at the Trustee's Sale: $30,000.00
The Documentary Transfer Tax: $632.40
Property address: 3937 RAIN FLOWER LN, NO LAS VEGAS, NV 89031-2059
Said property is in [ ] unincorporated area: City of NO LAS VEGAS
Trustor (Former Owner that was foreclosed on): ANDREA ROBERTSON
Alessi & Koenig, LLC (herein called Trustee), as the duly appointed Trustee under that certain Notice of
Delinquent Assessment Lien, recorded August 28, 2013 as instrument number 0000947, in Clark County, does
hereby grant, without warranty expressed or implied to: Desert Rain Trust (Grantee), all its right, title and
interest in the property legally described as: HIGHLAND HILLS UNIT 1 LOT 27 BLOCK 3, as per map
recorded in Book 95, Pages 51 as shown in the Office of the County Recorder of Clark County Nevada.
TRUSTEE STATES THAT:
This conveyance is made pursuant to the powers conferred upon Trustee by NRS 116 et seq., and that certain
Notice of Delinquent Assessment Lien, described herein. Default occurred as set forth in a Notice of Default
and Election to Sell which was recorded in the office of the recorder of said county. All requirements of law
regarding the mailing of copies of notices and the posting and publication of the copies ofthe Notice of Sale
have been complied with. Said property was sold by said Trustee a u ic auction on October 29,2014 at the
place indicated on the Notice of Trustee's Sale.
Huong Lam, Esq.
Signature of AUTH
State of Nevada
County of Clark

CLARK,NV
Document: DED TRS 2014.1208.2918

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Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 70 of 73

STATE OF NEVADA
DECLARATION OF VALUE
I. Assessor Parcel Number(s)

a. 124-30-611-062

b. ___________________________

c. _________________________

d.~--~--------------------e of Property:
a.
c.
e.
g.

Vacant Land
Condo/Twnhse
Apt. Bldg
Agricultural
Other

b.~ Singlo F=. R".

d.
f.
h.

2-4 Plex

Comm'l/lnd'l
Mobile Home

FOR RECORDERS OPTIONAL USE ONLY
Book___--==----- Page:________
Date ofR
Notes:

$...::3:..::0:..!..,0=-0=-0=-·:..::0c.::O'---------------------=-3.a. Total Value/Sales Price of Property
b. Deed in Lieu of Foreclosure Only (value ofproperty_,(_ _ _ _ _ _ _ _ _ _ _ _ _ _----'-c. Transfer Tax Value:
d. Real Property Transfer Tax Due

$-:1,.::2:.::3"-'97-:7:-4:...:..0=-0=---------------------$ -=6:. . :3:. : 2:c.·_c_4.: -0_ _ _ _ _ _ _ _ _ _ _ _ __

4. ff Exemption Claimed:
a. Transfer Tax Exemption per NRS 375.090, Section_____
b. Explain Reason for Exemption: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5. Partial Interest: Percentage being transferred: 100 %
The undersigned declares and acknowledges, under penalty of perjury, pursuant to NRS 375.060
and NRS 375.110, that the information provided is correct to the best of their information and belief,
and can be supported by documentation if called upon to substantiate the information provided herein.
Furthermore, the parties agree that disallowance of any claimed exemption, or other determination of
additional tax due, may result in a penalty of I 0% of the tax due plus interest at I% per month. Pursuant
to NRS 375.030, the B
d Seller shall be jointly and severally liable for any additional amount owed.

Signature - - - - - - - - - - - - - - - - - - - - - C a p a c i t y : - - - - - - - - - - - - - - - - - SELLER <GRANTOR) INFORMATION
(REQUIRED)
Print Name: Alessi & Koenig, LLC
Address:gsoo w Flamjnqo Rd. Ste 205
City: Las Vegas
State: NV
Zip: 89147

BUYER <GRANTEE) INFORMATION
(REQUIRED)
Print Name: Desert Rain Trust
Address: 6280 W Oquendo Road
City: Las Vegas
State:NV
Zip:89118

COMPANY!PERSON REQUESTING RECORDING (Required if not seller or buyer)
Print Name: Alessi & Koenig, LLC
Escrow# N/A Foreclosure
Address:9500 W. Flamingo Rd., Ste. 205
City: Las Vegas
State:NV
Zip: 89147
AS A PUBLIC RECORD THIS FORM MAY BE RECORDED/MICROFILMED

CLARK,NV
Document: DED TRS 2014.1208.2918

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Exhibit 1 : Corrective Trustee’s Deed Upon Sale

Exhibit 1 : Corrective Trustee’s Deed Upon Sale

Branch :FLV,User :CON2

Comment:

Station Id :LK8M

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 72 of 73

lnst #: 20150312·0003125
Fees: $17 .oo N/C Fee: $0.00
RPTT: $0.00 Ex: #003
03/12/2015 02:22:44 PM
Receipt#: 2345595
Requestor:
DESERT RAIN HOLDINGS LLC
Recorded By: MJM Pgs: 2

When recorded mail to and
Mail Tax Statements to:
Desert Rain Holdings, LLC
6280 W Oquendo Road
Las Vegas, NV 89118

DEBBIE CONWAY
CLARK COUNTY RECORDER

A.P.N. No.l24-30-611-062

TS No. 36490

TRUSTEE'S DEED UPON SALE
Corrective Trustee's Deed Upon Sale lost #201412080002918
Recording to Correct Grantee Name
The Grantee (Buyer) herein was: Desert Rain Holdings, LLC
The Foreclosing Beneficiary herein was: Highland Hills Homeowners Association
The amount of unpaid debt together with costs: $4,199.84
The amount paid by the Grantee (Buyer) at the Trustee's Sale: $30,000.00
The Documentary Transfer Tax: $632.40
Property address: 3937 RAIN FLOWER LN, NO LAS VEGAS, NV 89031-2059
Said property is in [ ] unincorporated area: City of NO LAS VEGAS
Trustor (Former Owner that was foreclosed on): ANDREA ROBERTSON
Alessi & Koenig, LLC (herein called Trustee), as the duly appointed Trustee under that certain Notice of
Delinquent Assessment Lien, recorded August 28,2013 as instrument number 0000947, in Cll!rk County, does
hereby grant, without warranty expressed or implied to: Desert Rain Holdings, LLC (Grantee), all its right, title
and interest in the property legally described as: HIGHLAND HILLS UNIT I LOT 27 BLOCK 3, as per map
recorded in Book 95, Pages 51 as shown in the Office of the County Recorder of Clark County Nevada.
TRUSTEE STATES THAT:
This conveyance is made pursuant to the powers conferred upon Trustee by NRS 116 et seq., and that certain
Notice of Delinquent Assessment Lien, described herein. Default occurred as set forth in a Notice of Default
and Election to Sell which was recorded in the office of the recorder of said county. All requirements oflaw
regarding the mailing of copies of notices and the posting and publication of the copies of the Notice of Sale
have been complied with. Said property was sold by said Trustee at public auction on October 29, 2014 at the
place indicated on the Notice of Trustee's Sale.
Huong Lam, Esq.
Signature of AUTHO

Koenig,LLC

State of Nevada
County of Clark

WITNESS my hand and official seal.
(Seal)

NOTARY PUBLIC

HEIDI A. HAGEN
STATE OF NEVADA· COUNTY OF
MY APPOINTMENT EXP. MAY 17,2017

No: 13-10829-1

CLARK,NV
Document: DED TRS 2015.0312.3125

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Branch :FLV,User :CON2

Comment:

Station Id :LK8M

Case 2:17-cv-01793-APG-PAL Document 14-1 Filed 11/15/17 Page 73 of 73

STATE OF NEVADA
DECLARATION OF VALUE
I. Assessor Parcel Number(s)
a. 124-30-611-062

b. __________________________
c. _______________

d.~--~---------------------

2. Type of Property:
FOR RECORDERS OPTIONAL USE ONLY
a.
Vacant Land
b.~ Single Fam. Res.
Book_ _ _ _ _ _ Page: _______
2-4 Plex
Condo/Twnhse d.
Date of Recording: _____________________
e.
Apt. Bldg
f.
Comm'l/lnd'l
Notes:
h.
Mobile Home
g.
Agricultural
Other
3.a. Total Value/Sales Price of Property
$ . : 0:. :. 0: : . 0: :. . _______________-:-b. Deed in Lieu of Foreclosure Only (value ofproperty""'(_ _ _ _ _ _ _ _ _ _ _ _ _ _-'-c. Transfer Tax Value:
d. Real Property Transfer Tax Due

$~0,_,..0=-0=--------------------

$ -'0"".0.::..0.:;..______________

4. If Exemption Claimed:
a. Transfer Tax Exemption per NRS 375.090, Section_3=----b. Explain Reason for Exemption: Recording Corrective Trustee's Deed Upon Sale
lnst #201412080002918, To Correct Grantee Name
5. Partial Interest: Percentage being transferred: 100 %
The undersigned declares and acknowledges, under penalty of perjury, pursuant to NRS 375.060
and NRS 375.110, that the information provided is correct to the best of their information and belief,
and can be supported by documentation if called upon to substantiate the information provided herein.
Furthermore, the parties agree that disallowance of any claimed exemption, or other determination of
additional tax due, may result in a penalty of 10% of the tax due plus interest at I% per month. Pursuant
to NRS 375.030, the
d Seller shall be jointly and severally liable for any additional amount owed.

Signature _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C a p a c i t y : - - - - - - - - - - - - - SELLERfGRANTOR) INFORMATION
(REQUIRED)
Print Name: Alessi & Koenig, LLC
Address:g500 W Flamingo Rd. Ste 205
City: Las Vegas
State: NV
Zip: 89147

BUYER <GRANTEE) INFORMATION
(REQUIRED)
Print Name: Desert Rain Holdings, LLC
Address: 6280 W Oquendo Road
City: Las Vegas
State: NV
Zip: 89118

COMPANY /PERSON REOUESTING RECORDING <Required if not seller or buyer)
Print Name: Alessi & Koenig, LLC
Escrow# N/A Foreclosure
Address:9500 W. Flamingo Rd., Ste. 205
City: Las Vegas
State:NV
Zip: 89147
AS A PUBLIC RECORD THIS FORM MAY BE RECORDED/MICROFILMED

CLARK,NV
Document: DED TRS 2015.0312.3125

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