Bank of America, N.A. v. Sierra Cedars Condominium Homeowners Association et al

Filing 77

ORDER granting ECF No. 76 Stipulation of Dismissal and Quiet Title; title to the real property located 2201 Kietzke Lane #B, Reno, Nevada 89123, APN 015-314-17 will be quieted in favor of Bank of America, N.A.; all claims in this case are dismissed with prejudice, each side to bear its own attorney fees and costs. This is the final judgment of this Court. Signed by Judge Howard D. McKibben on 12/7/2018. (Copies have been distributed pursuant to the NEF - KW)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff 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.:

3:16-cv-00127-HDM-WGC

Plaintiff,
STIPULATION AND ORDER OF
DISMISSAL AND QUIET TITLE

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v.

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SIERRA
CEDARS
CONDOMINIUM
HOMEOWNERS ASSOCIATION; LVDG
SERIES 200, LLC; THUNDER PROPERTIES,
INC.;
HAMPTON
&
HAMPTON
COLLECTIONS, LLC,

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Defendants.

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Plaintiff Bank of America, N.A. ("BANA") and defendants Sierra Cedars Condominium

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Homeowners Association ("Sierra Cedars"), Thunder Properties, Inc. ("Thunder"), LVDG Series 200,
LLC ("LVDG"), and Hampton & Hampton Collections, LLC ("Hampton") being the only parties to
have appeared in this action, through their counsel of record, stipulate as follows:
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APN 015-314-17
47153352;1

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1.

This matter relates to real property located at 2201 Kietzke Lane #B, Reno, Nevada

89123, APN 015-314-17 (the "Property"). The property is more specifically described as:

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Parcel 1:
Unit 16 A, in Block 1, of the AMENDED PLAT OF SIERRA CEDARS
CONDOMINIUMS, according to Tract Map No. 1893, filed in the office of the Washoe
County Recorder, State of Nevada, on October 26, 1979.

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Parcel 2:
The exclusive right to use the limited common area consisting of the Carport and a Balcony
or Patio appurtenant to Parcel 1 as shown on the AMENDED PLAT OF SIERRA CEDARS
CONDOMINIUMS, according to Tract Map No. 1893, filed in the office of the Washoe
County Recorder, State of Nevada, on October 26, 1979.

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Parcel 3:
An undivided 1/176th interest in all the common area of the AMENDED PLAT OF
SIERRA CEDARS CONDOMINIUMS, according to the map thereof, filed in the
office of the County Recorder of Washoe County, State of Nevada, on October 26,
1979, as Tract Map No. 1893.

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APN: 015-314-17

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AKERMAN LLP

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

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2.

BANA is the beneficiary of a Deed of Trust that encumbers the Property and was

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recorded on August 1, 2006, as Document Number 3421051 in the Official Records of Washoe

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County, Nevada (the "Deed of Trust").

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3.

On February 27, 2014, LVDG recorded a Trustee's Deed Upon Sale as Document

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Number 4329796 of the Official Records of Washoe County, Nevada (the "HOA Foreclosure Deed"),

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reflecting that LVDG acquired the Property at a foreclosure sale of the Property held on January 23,

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2014 (the "HOA Sale").

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4.

On July 22, 2015, LVDG transferred its interest in the Property to Thunder by grant deed

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(the "Grant Deed") recorded as Document Number 4494587 in the Official Records of Washoe

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County, Nevada. Thunder has not transferred its interest and remains the title holder of record.

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5.

On March 4, 2016, BANA initiated this quiet title action in the United States District

Court, District of Nevada, Case No. 3:16-cv-00127 (the "Quiet Title Action").

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APN 015-314-17
47153352;1

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6.

The parties have entered a settlement agreement in which they have settled all claims

between them in this case.

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7.

Among other things, Thunder agrees that it will transfer all interest it acquired as a result

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of the HOA Sale, HOA Foreclosure Deed, and Grant Deed by quitclaim deed to BANA, which it will

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execute and deliver to BANA after the April 30, 2019 termination of the current lease encumbering

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the Property and before May 5, 2019.

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8.

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favor upon the delivery to BANA's counsel of the quitclaim deed required by the preceding paragraph.

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The other parties disclaim all right, title, or interest in the Property as a result of the HOA Sale and the

Among other things, the parties agree that title to the Property will be quieted in BANA’s

AKERMAN LLP

HOA Foreclosure Deed.

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

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APN 015-314-17
47153352;1

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Hampton’s foreclosure of the lien held by HOA that encumbered the Property.

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LVDG and Thunder disclaims any right to the excess proceeds that arose from

Dated: December 4th, 2018.

Dated: December 4th, 2018.

AKERMAN LLP

NEVADA ASSOCIATION SERVICES, INC.
/s/ Brandon E. Wood
BRANDON E. WOOD, ESQ.
Nevada Bar No. 12900
6224 West Desert Inn Road
Las Vegas, NV 89146

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/s/ Vatana Lay
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Attorneys for Bank of America, N.A.

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Dated: December 4th, 2018.

Dated: December 4th, 2018.

ROGER CROTEAU & ASSOCIATES, LTD

LIPSON NEILSON PC

/s/ Timothy Rhoda
TIMOTHY RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, NV 89148
Telephone: [phone]
Facsimile: [phone]
Attorneys for Thunder Properties, Inc.
and LVDG Series 200, LLC

/s/ David A. Clark
DAVID A. CLARK, ESQ.
Nevada Bar No. 4433
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144

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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 Hampton & Hampton
Collections, LLC

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Attorneys for Sierra Cedars
Condominium Homeowners Association

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APN 015-314-17
47153352;1

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ORDER

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Plaintiff Bank of America, N.A. and defendants Sierra Cedars Condominium Homeowners

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Association, Thunder Properties, Inc., LVDG Series 200, LLC, and Hampton & Hampton Collections,

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LLC, the Parties agreement, and good cause appearing therefore,

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IT IS ORDERED that upon the delivery to Bank of America's counsel of the quitclaim deed

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as required by the parties' stipulation set forth herein, title to the real property located 2201 Kietzke

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Lane #B, Reno, Nevada 89123, APN 015-314-17 will be quieted in favor of Bank of America, N.A.

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IT IS FURTHER ORDERED that all claims in this case are dismissed with prejudice, each

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side to bear its own attorney fees and costs. This is the final judgment of this Court.
DATED: December 7, 2018.

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DISTRICT COURT JUDGE

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