Federal National Mortgage Association v. Jayem family L.P. et al

Filing 24

ORDER Granting 22 Stipulation. IT IS HEREBY ORDERED that THIS ACTION IS DISMISSED with prejudice, each party to bear its own fees and costs. The Clerk of Court is directed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 7/23/2018. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-01800-JAD-GWF Document 22 Filed 07/23/18 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Federal National Mortgage Association
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

STIPULATION AND ORDER
Plaintiff,

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Case No.: 2:17-cv-01800-JAD-GWF

ECF No. 22

vs.
JAYEM FAMILY L.P.; and SUN CITY
ANTHEM COMMUNITY ASSOCIATION,
INC.,

Defendants.
______________________________________
Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION (“Fannie Mae”),
Defendant JAYEM FAMILY, LP (“Jayem”) and Defendant SUN CITY ANTHEM
COMMUNITY ASSOCIATION, INC. (the “HOA”) (collectively hereinafter referred to as the
“Parties”), by and through their respective counsel of record, hereby stipulate and agree as
follows.
1.

The above-captioned action concerns title to real property commonly known as

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2921 Hayden Creek Terrace, Henderson, Nevada 89052 - APN 191-13-213-005 – (the

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“Property”) and further legally described as stated in that Deed of Trust recorded on May 5, 2006

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as Instrument number 20060505-0004357 in the Office of the Clark County Recorder (the “Deed

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of Trust”).

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2.

Fannie Mae and Jayem have entered into a separate Settlement Agreement and

Release (the “Agreement”) as a matter of compromise to adjudicate their respective interest in
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Case 2:17-cv-01800-JAD-GWF Document 22 Filed 07/23/18 Page 2 of 3

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and/or to the Property.
3.

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Pursuant to the Agreement, it is hereby stipulated and agreed Jayem is the owner

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of the Property by way of a homeowners association foreclosure sale occurring on or about

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September 11, 2014 as reflected in that Foreclosure Deed recorded on September 15, 2014 as

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Instrument number 20140915-0001335 in the Office of the Clark County Recorder (the “HOA

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Sale”).
4.

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Pursuant to the Agreement, it is hereby stipulated and agreed that Fannie Mae is

the owner and record beneficiary of the Deed of Trust, and that Fannie Mae has received sums to
release or reconvey the Deed of Trust.
5.

Pursuant to the Agreement, it is hereby stipulated and agreed that Jayem owns the

Property free and clear of the Deed of Trust.
6.

Pursuant to the Agreement, it is hereby stipulated and agreed that Jayem will

receive the surplus funds or excess proceeds from the HOA Sale in the amount of $94,713.85,
currently held by Red Rock Financial Services, and that Red Rock Financial Services is hereby
ordered to immediately pay the surplus funds or excess proceeds to Jayem.

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7.

In light of the foregoing, Fannie Mae hereby dismisses its remaining claims

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against the HOA, without prejudice.

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Case 2:17-cv-01800-JAD-GWF Document 22 Filed 07/23/18 Page 3 of 3

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8.

Pursuant to the Agreement and dismissal of remaining claims against the HOA,

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the Parties hereby submit this Stipulation and Order for the Court to adopt as a final order,

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judgment and decree of the above-captioned action, with each party to bear their own attorney’s

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fees and costs as to each other.

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IT IS SO STIPULATED AND AGREED
DATED this 23rd day of July, 2018.

DATED this 23rd day of July, 2018.

WRIGHT, FINLAY & ZAK, LLP

TAKOS LAW GROUP, LTD.

/s/ Christina V. Miller
Christina V. Miller
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorney for Plaintiff
Federal National Mortgage Association

/s/ Zachary P. Takos
Zachary P. Takos
Nevada Bar No. 11293
1980 Festival Plaza Dr., Suite 300
Las Vegas, Nevada 89135
Attorney for Defendant
Jayem Family, LP

DATED this 23rd day of July, 2018.
THE CLARKSON LAW GROUP, P.C.
/s/ Matthew McAlonis
Matthew McAlonis, Esq.
Nevada Bar No. 11203
2300 W. Sahara Ave., Suite 950
Las Vegas, Nevada 89102
Attorney for Defendant Sun City Anthem
Community Association, Inc.
ORDER
Based on the parties' stipulation [ECF No. 22] and good cause appearing, IT IS HEREBY
ORDERED that THIS ACTION IS DISMISSED with prejudice, each party to bear its own fees
IT IS SO ORDERED:
and costs. The Clerk of Court is directed to CLOSE THIS CASE.
DATED: _______________________
_______________________________
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U.S. District Judge Jennifer A. Dorsey
ct Judg Jennifer
Judge nnif
n
Dated: July 23, 2018
U.S. DISTRICT COURT JUDGE

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