Carrington Mortgage Services, LLC. v. Pelican Creek Owners Association

Filing 21

ORDER granting 20 Stipulated Judgment. Signed by Judge James C. Mahan on 11/16/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-00171-JCM-CWH Document 20 Filed 11/09/18 Page 1 of 4

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys
for
Services, LLC

Carrington

Mortgage

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AKERMAN LLP

UNITED STATES DISTRICT COURT

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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DISTRICT OF NEVADA

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CARRINGTON MORTGAGE SERVICES,
LLC,

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Plaintiff,

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STIPULATED JUDGMENT

vs.

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Case No.: 2:18-cv-00171-JCM-CWH

PELICAN CREEK OWNERS ASSOCIATION;
DOE INDIVIDUALS I-X, inclusive, and ROE
CORPORATIONS I-X, inclusive,

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Defendants.

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Carrington Mortgage Services, LLC and Pelican Creek Owners Association (HOA) stipulate
and agree as follows:
1.

Tommy E. Moon and Marlene W. Moon executed a deed of trust dated May 20,

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2009, in favor of Taylor, Bean & Whitaker Mortgage Corp., encumbering real property commonly
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known as 5030 Paradise Harbor Place, North Las Vegas, Nevada 89031, designated assessor's parcel

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no. 124-32-713-022. Mortgage Electronic Registration Systems, Inc. (MERS) was listed as the

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designated beneficiary under the deed of trust. This deed of trust was recorded in the Clark County

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Recorder's Office on May 29, 2009, as Instrument No. 20090529-0006483 (Deed of Trust).

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Case 2:18-cv-00171-JCM-CWH Document 20 Filed 11/09/18 Page 2 of 4

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2.

On January 4, 2012, MERS assigned the Deed of Trust to Bank of America, N.A,

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successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing,

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LP (Bank of America) via an Assignment of Deed of Trust, which was recorded in the Clark

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County Recorder's Office on January 5, 2012, as Instrument No. 201201050001423.

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3.

On December 12, 2016, Bank of America assigned the Deed of Trust to Carrington

via an Assignment of Deed of Trust, which was recorded in the Clark County Recorder's Office on

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December 14, 2016 as Instrument No. 20161214-0002573.
4.

On March 11, 2014, the HOA obtained an ownership interest in the property at a

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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foreclosure sale conducted by Absolute Collection Services, LLC (Absolute), on behalf of the HOA

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(HOA Foreclosure Sale), as evidenced by the Foreclosure Deed recorded in the Clark County

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Recorder's Office on March 13, 2014, as Instrument No. 20140313-0000910.

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5.

The Parties stipulate and agree that the interest the HOA acquired at the HOA

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Foreclosure Sale remains encumbered by the Deed of Trust.
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6.

The Parties stipulate and agree that the Deed of Trust remains a valid and enforceable

lien against the Property.
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The Parties stipulate and agree that the Deed of Trust is the senior lien encumbering

the Property.
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The Parties therefore agree that the entry of this Stipulated Judgment fully resolves

the Parties' claims in this action, and the Parties agree to dismiss with prejudice any remaining

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claims that were brought or that could have been brought in the above-captioned matter.
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Case 2:18-cv-00171-JCM-CWH Document 20 Filed 11/09/18 Page 3 of 4

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9.

Each party shall bear its own attorneys' fees and costs.

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IT IS SO STIPULATED AND AGREED.

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DATED this 9th day of November, 2018.

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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AKERMAN, LLP

HALL JAFFE & CLAYTON, LLP

/s/ Natalie L. Winslow____________________
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Ashlie L. Surur_______________________
ASHLIE L. SURUR, ESQ.
Nevada Bar No. 11290
7425 Peak Drive
Las Vegas, NV 89128

Attorneys for Carrington Mortgage Services,
LLC

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Attorneys for Pelican Creek Owners Association

Case 2:18-cv-00171-JCM-CWH Document 20 Filed 11/09/18 Page 4 of 4

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ORDER

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Based on the Parties' stipulations, IT IS HEREBY ORDERED the HOA's interest in the

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property located at 5030 Paradise Harbor Place, North Las Vegas, Nevada 89031, APN 124-32-713-

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022, as evidenced by the Foreclosure Deed recorded in the Clark County Recorder's Office on March

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13, 2014, as Instrument No. 20140313-0000910, is encumbered by the Deed of Trust recorded in the

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Clark County Recorder's Office on May 29, 2009, as Instrument No. 20090529-0006483.

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IT IS FURTHER ORDERED that the Deed of Trust recorded in the Clark County

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Recorder's Office on May 29, 2009, as Instrument No. 20090529-0006483, remains a valid and

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enforceable lien encumbering the property located at 5030 Paradise Harbor Place, North Las Vegas,

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Nevada 89031, APN 124-32-713-022, and is the senior lien encumbering that property.

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IT IS FURTHER ORDERED that all claims that were asserted or that could have been

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asserted in the above-captioned matter are dismissed, with prejudice. Each party shall bear its

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attorneys' fees and costs.

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IT IS FURTHER ORDERED that the lis pendens recorded against the property as

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Instrument No. 201801310004777 is expunged.

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November 16, 2018.
DATED: November ___, 2018.

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UNITED STATES DISTRICT COURT JUDGE

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