Hollyvale Rental Holdings, LLC v. Pineda et al

Filing 78

CONSENT JUDGMENT in favor of Champery Rental Reo, LLC against HSBC Bank USA N.A., Tierra Linda Landscape Maintenance Association, Inc. Granting 77 Stipulated/Consent Judgment. Signed by Judge Richard F. Boulware, II on 11/9/2018. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6
7

John T. Steffen (4390)
Matthew K. Schriever (10745)
HUTCHISON & STEFFEN, PLLC
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff
Champery Rental REO, LLC

8
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

9
10
11
12
13
14
15
16
17
18
19
20
21
22

CHAMPERY RENTAL REO, LLC, a limited
liability company,

Case No.: 2:17-cv-01833-RFB-NJK

Plaintiff,

STIPULATED JUDGMENT QUIETING
TITLE IN FAVOR OF CHAMPERY
vs.
RENTAL REO, LLC, AS SUCCESSORIN-INTEREST TO HOLLYVALE
RUBY F. PINEDA; an individual; LILIBETH F. RENTAL HOLDINGS, LLC, AND
LACUESTA, an individual; HSBC BANK USA DISMISSING ACTION
N.A., AS TRUSTEE ON BEHALF OF ACE
SECURITIES CORP. HOME EQUITY LOAN
TRUST AND FOR THE REGISTERED
HOLDERS OF ACE SECURITIES CORP.
HOME EQUITY LOAN TRUST SERIES 2006HE2, ASSET BACKED PASS THROUGH
CERTIFICATES; All other persons unknown
claiming any right, title, estate, lien or interest in
the real property described in the Complaint
adverse to Plaintiff’s ownership, or any cloud
upon Plaintiff’s title thereto; DOES I through V;
and ROE Corporations I through V,

23
24

Defendants.

25
26
27
28

Page 1 of 4

1

Plaintiff Champery Rental REO, LLC (“Champery”) by and through its counsel of

2

record, Hutchison & Steffen; and HSBC Bank USA, National Association, as Trustee for Ace

3

Securities Corp. Home Equity Loan Trust and the Registered Holders of Ace Securities Corp.

4

Home Equity Loan Trust Series 2006-HE2, Asset Backed Pass Through Certificates (“HSBC”),

5

by and through its counsel of record, Wright, Finlay & Zak, LLP hereby stipulate and agree as

6

follows:

7

1.

On November 29, 2004 Ruby F. Pineda and Lilibeth F. Lacuesta (“Pineda and

8

Lacuesta”) caused to be recorded with the Clark County Recorder a Grant, Bargain and Sale

9

Deed to document a purchase of real property commonly known as 11596 Stivali Street, Las

10

Vegas, Nevada 89189 (APN: 191-04-211-063) and more particularly described as:

11

LOT FOUR HUNDERED FIFTY-ONE (451) TERRACINA
PHASE 5 AS SHOWN BY MAP THEREOF ON FILE II BOOK
108, OF PLATS, PAGE 89, IN THE OFFICE OF THE COUNTY
RECORDER OF CLARK COUNY, NEVADA

12
13
14

2.

The Property was purchased by Pineda and Lacuesta and financed with a note

15

secured by a Deed of Trust. The lender under the Deed of Trust was Argent Mortgage Company,

16

LLC (“AMC”) which was the designated beneficiary under the Deed of Trust as nominee for the

17

lender and its successors and assigns. The Deed of Trust was recorded on December 20, 2005 in

18

the Office of the Clark County Recorder as Instrument No. 20051220-0004287.

19

3.

On October 20, 2014, AMC assigned its beneficial interest in the Deed of Trust to

20

HSBC Bank USA, National Association, as Trustee for Ace Securities Corp. Home Equity Loan

21

Trust and the Registered Holders of Ace Securities Corp. Home Equity Loan Trust Series 2006-

22

HE2, Asset Backed Pass Through Certificates. A Corporation Assignment of Deed of Trust

23

Nevada reflecting this assignment was recorded on November 3, 2014 in the Office of the Clark

24

County Recorder as Instrument No. 20141103-0000247.

25
26
27
28

4.

The Property is part of the Tierra Linda Landscape Maintenance Association, Inc.

(“Tierra Linda”) and subject to a monthly homeowners’ association assessment.
5.

On November 24, 2009, Tierra Linda, through its agent Red Rock Financial

Services, a division of RMI Management, LLC, “RRFS”) recorded a notice of delinquent
Page 2 of 4

1

assessment lien (“the Lien”) in the Office of the Clark County Recorder as Instrument No.

2

200911240001869.
6.
On January 21, 2010, Tierra Linda, through its agent RRFS, recorded a Notice of

3
4

Default and Election to Sell Under Homeowners Association Lien in the Office of the Clark

5

County Recorder as Instrument No. 201001210001945.

6

8.

On May 28, 2015, Tierra Linda, through its agent RRFS, recorded a notice of

7
8
9

foreclosure sale in the Office of the Clark County Recorder as Instrument No. 20150528-0003035.
9.

On April 27, 2016, Tierra Linda, through its agent RRFS, sold the Property at a

10

foreclosure sale under NRS Chapter 116, at which Hollyvale Rental Holdings, LLC (“Hollyvale”)

11

paid $143,000 as the winning bidder.

12

10.

On July 1, 2016, a Foreclosure Deed was recorded in the Office of the Clark County

13
14
15

Recorder as Instrument No. 20160701-0000740, conveying title to Hollyvale.
11.

On January 30, 2017, Hollyvale transferred any and all of its interest in the Property

16

to its successor-in-interest, Champery by way of a quitclaim deed recorded in the Office of the

17

Clark County Recorder on February 27, 2017, Instrument No. 20170227-0000734.

18

12.

Defaults and default judgments against Pineda and Lacuesta, quieting title in favor

19
20
21
22
23

of Champery are pending with the Court.
13.

The parties have now settled this matter and hereby stipulate that title to the

Property is hereby fully quieted in favor of Champery Rental REO, LLC, as successor-in-interest
to Hollyvale Rental Holdings, LLC, and that HSBC and Tierra Linda have no right, title or interest

24
in the Property.
25
26
27

14.

The parties further agree that each party shall be responsible for its own respective

attorneys’ fees and costs.

28

Page 3 of 4

1
2
3
4
5

15.

As title is hereby fully quieted in favor of Champery all remaining claims,

counterclaims, and cross-claims against the respective parties are hereby dismissed with prejudice.
16.

The Notice of Lis Pendens filed and recorded in this matter is hereby expunged and

otherwise removed from title to the Property.
Dated this 6th day of November, 2018.

Dated this 6th day of November, 2018.

7

HUTCHISON & STEFFEN, PLLC

WRIGHT FINLAY & ZAK

8

/s/ Matthew K. Schriever
___________________________
John T. Steffen, Esq.
Matthew K. Schriever, Esq.
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145

/s/ Edgar C. Smith
_______________________________
Edgar C. Smith, Esq.
7785 W. Sahara Ave., Ste. 200
Las Vegas, NV 89117

6

9
10
11
12

Attorneys for HSBC Bank USA
Attorneys for Champery Rental REO, LLC

13
14
15
16

IT IS SO ORDERED.
9th
November,
DATED this _____ day of _____________ 2018.

17
18

_________________________________
DISTRICT COURT JUDGE

19
20
21
22
23
24
25
26
27

Submitted by:
/s/ Matthew K. Schriever
____________________________
John T. Steffen (4390)
Matthew K. Schriever (10745)
HUTCHISON & STEFFEN, PLLC
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145
Attorneys for Champery Rental REO, LLC

28

Page 4 of 4