Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, v. Southwest Meadows Homeowners Association et al

Filing 74

ORDER granting ECF No. 73 Stipulation for Dismissal with Prejudice as to Southwest Meadows. Signed by Judge Miranda M. Du on 2/12/2019. (Copies have been distributed pursuant to the NEF - LH)

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: william.habdas @akerman.com
Attorneys for plaintiff Bank of America,
N.A., successor by merger to BAC Home
Loans Servicing, LP f/k/a Countrywide
Home Loans Servicing LP

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UNITED STATES DISTRICT COURT

AKERMAN LLP

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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BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS
SERVICING, LP, F/K/A COUNTRYWIDE
HOME LOANS SERVICING LP,

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Case No.: 3:16-cv-00183-MMD-CBC
STIPULATION AND ORDER
DISMISSING CLAIMS AGAINST
SOUTHWEST MEADOWS

Plaintiff,

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vs.

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SOUTHWEST MEADOWS; LVDG LLC A/K/A
LVDG LLC SERIES 1101; THUNDER
PROPERTIES, INC.; ALESSI & KOENIG,
LLC,

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Defendants
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Plaintiff Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP

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f/k/a Countrywide Home Loans Servicing LP (BANA) and defendant Southwest Meadows stipulate

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as follows:

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1.

This matter relates to real property located at 1737 Olive Branch Court, Fernley,

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Nevada 89408, APN No. 022-311-15 (the property). The property is more specifically described

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as: LOT 118, AS SHOWN ON THE OFFICIAL SUBDIVISION PLAT OF ROYAL OAKS

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ESTATES, PHASE 11, UNITS 2 & 3, FILED IN THE OFFICE OF THE COUNTY RECORDER

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OF LYON COUNTY, NEVADA, ON JUNE 20, 2005, AS DOCUMENT NO. 354122, OFFICIAL

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RECORDS.
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47574984;2

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2.

BANA is the servicer and beneficiary of record of a deed of trust encumbering the

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property dated March 5, 2007 and recorded with the Lyon County Recorder on March 7, 2007, as

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Instrument No. 401986 (the deed of trust).

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3.

Southwest Meadows recorded a trustee's deed upon sale with the Lyon County

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Recorder on June 18, 2014, as Instrument No. 522393 (the HOA foreclosure deed), reflecting it

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purchased the property at its own foreclosure sale of the property held on October 11, 2013 (the

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HOA foreclosure sale) conducted pursuant to NRS chapter 116 et seq.

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4.

agreement in which they have settled all claims between them in this case.

AKERMAN LLP

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

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BANA and Southwest Meadows have entered into a confidential settlement

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Among other things, Southwest Meadows disclaims all right, title and interest in the

property as a result of the HOA foreclosure sale and HOA foreclosure deed.

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6.

All claims asserted by BANA against Southwest Meadows in this litigation shall be

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dismissed with prejudice.

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47574984;2

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7.

BANA and Southwest Meadows agree neither this stipulation nor their confidential

settlement agreement shall impair BANA's claims against any other parties in the litigation.
This the 12th day of February, 2019.

This the 12th day of February, 2019.

AKERMAN LLP

LIPSON NEILSON P.C.

/s/ William S. Habdas, Esq.
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Megan H. Hummel, Esq.
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
MEGAN H. HUMMEL, ESQ.
Nevada Bar No. 12404
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144

Attorneys for plaintiff Bank of America, N.A.,
successor by merger to BAC Home Loans
Servicing, LP f/k/a Countrywide Home Loans
Servicing LP

Attorneys for defendant Southwest Meadows

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AKERMAN LLP

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

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IT IS SO ORDERED.

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_____________________________________
UNITED STATES DISTRICT JUDGE

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February 12, 2019
DATED: __________________________

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