Bank of America, N.A. v. Rainbow Bend Homeowners Association

Filing 87

ORDER DISMISSING ALL CLAIMS on ECF No. 86 Stipulation : All claims are dismissed with prejudice, the lis pendens against the property shall be released, and BANA shall execute and record a release and reconveyance of the senior deed of trust, document number 0108839, and the junior deed of trust, document number 0108840 within 45 days after entry of this Order. Signed by Judge Miranda M. Du on 8/23/2018. (Copies have been distributed pursuant to the NEF - DRM)

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DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
JARED M. SECHRIST, ESQ.
Nevada Bar No. 10439
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Bank of America, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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BANK OF AMERICA, N.A.,

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Case No.: 3:15-cv-00291-MMD-WGC
Plaintiff,

STIPULATION AND ORDER FOR
DISMISSAL OF ALL CLAIMS

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vs.

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RAINBOW
BEND
HOMEOWNERS
ASSOCIATION; NIDA MIR, an individual;
LAIQ MIR an individual; JUSTIN M.
BRANSON an individual; ERICA V.
BRANSON an individual; and PHIL FRINK &
ASSOCIATES, INC.

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Defendants.

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All parties appearing, including Bank of America, N.A. (BANA); Laiq and Nida Mir (the

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Mirs); and Rainbow Bend Homeowners Association (Rainbow Bend), hereby stipulate to dismiss all

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claims against all parties as follows:

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1.

This matter relates to real property located at 176 Avenue De La Couleurs, Sparks,

Nevada 89434 (the “Property”).
2.

BANA is the beneficiary of a senior deed of trust encumbering the Property, which was

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recorded on or about April 11, 2008 as document number 0108839 in the official records of Storey

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County, Nevada, which secures a promissory note in the original principal amount of $147,910.00.

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3.

BANA is the servicer of a junior deed of trust encumbering the Property, which was

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recorded on or about April 11, 2008 as document number 0108840 in the official records of Storey

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County, Nevada, which secures a promissory note in the original principal amount of $10,000.
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4.

On or about October 18, 2012, Rainbow Bend Homeowners Association (the HOA),

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through its agent Phil Frink & Associates, Inc. (Frink), recorded a deed in foreclosure of assessment

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as document number 117507 in the official records of Storey County, Nevada, reflecting that the HOA

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purchased the property at the foreclosure sale on or about October 2, 2012.

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5.

The Mirs acquired title to the property from the HOA via quitclaim deed recorded as

document number 0121395 in the official records of Storey County, Nevada.

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6.

On June 2, 2015, BANA initiated this lawsuit against the HOA, Frink, the Mirs, and

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Justin M. Branson and Erica V. Branson in the United States District Court, District of Nevada, case

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number 3:15-cv-00291-MMD-WGC.

AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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7.

Frink has been previously dismissed from this action. [ECF #70].

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8.

Justin M. Branson and Erica V. Branson have not appeared herein and shall be

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voluntarily dismissed without prejudice.
9.

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BANA, the Mirs and Rainbow Bend have agreed upon an amicable resolution of this

matter in order to avoid the uncertainty and expense of litigation and for no other reason.
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Accordingly, BANA, the Mirs, and Rainbow Bend agree and stipulate the claims

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against the Mirs and Rainbow Bend should be dismissed with prejudice, with each party bearing its

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own costs and attorney fees.

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11.

As consideration for the dismissal of the action and the agreement that each party shall

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bear its own fees and costs, BANA agrees to execute and record a release and reconveyance of the

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senior deed of trust, document number 0108839, referenced above in paragraph 2, and the junior deed

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of trust, document number 0108840, referenced above in paragraph 3.

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IT IS SO STIPULATED.

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DATED this 23rd day of August, 2018.

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AKERMAN LLP

ROGER P. CROTEAU & ASSOCIATES, LTD.
/s/ Timothy Rhoda, Esq.
ROGER P. CROTEAU, ESQ.
Nevada Bar No.4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, NV 89148

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/s/ Jared M. Sechrist, Esq.
DARREN BRENNER, ESQ.
Nevada Bar No. 8386
JARED M. SECHRIST, ESQ.
Nevada Bar No. 10439
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

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Attorneys for Bank of America, N.A.

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AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for Nida Mir and Laiq Mir

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LIPSON NEILSON COLE SELTZER & GARIN,
P.C.
/s/ Peter E. Dunkley, Esq.
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
PETER E. DUNKLEY, ESQ.
Nevada Bar No. 11110
JOSEPH P. GARIN, ESQ.
Nevada Bar No. 6653
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144
Attorneys for Rainbow Bend
Homeowners Association

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46197740;1

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ORDER

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In accordance with the above, it is hereby ORDERED that all claims are dismissed with

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prejudice, the lis pendens against the property shall be released, and BANA shall execute and record

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a release and reconveyance of the senior deed of trust, document number 0108839, and the junior deed

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of trust, document number 0108840 within 45 days after entry of this Order.
DATED this 23rd day of

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August

, 2018

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DISTRICT COURT JUDGE

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AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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