Bank of America, N.A. v. Townhouse Greens Association, Inc. et al

Filing 55

ORDER GRANTING Bank of America, N.A.'S Motion for Partial Summary Judgment (ECF Nos. 40 ); and re Proposed Order Submission (ECF No. 54 ) : The court finds the deed of trust was not extinguished by Townhouse Greens' foreclosur e sale, the court dismisses all BANA's remaining claims as moot. The court further orders the lis pendens recorded against the property related to this action, recorded with the Washoe County Recorder on February 22, 2017, as Instrument No. 4681775, is released. Signed by Chief Judge Miranda M. Du on 2/11/2020. (Copies have been distributed pursuant to the NEF - DRM)

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DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
HOLLY E. WALKER, ESQ.
Nevada Bar No. 14295
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 plaintiff Bank of America, N.A.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

AKERMAN LLP

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

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Case No.: 3:17-cv-00087-MMD-WGC

BANK OF AMERICA, N.A.,
Plaintiff,

ORDER GRANTING BANK OF
AMERICA, N.A.'S MOTION FOR
PARTIAL SUMMARY JUDGMENT
[ECF NO. 40]

vs.

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TOWNHOUSE GREENS ASSOCIATION, INC.
and THUNDER PROPERTIES, INC.,

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Defendants.

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Plaintiff Bank of America, N.A. (BANA)'s motion for partial summary judgment, ECF No.

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40, came on for hearing on February 4, 2020. For the reasons stated on the record, the court

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GRANTS BANA summary judgment on its first claim for quiet title/declaratory relief against

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defendant Thunder Properties, Inc. The court finds Thunder's title to the property is subject to the

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deed of trust executed by Mario Rojas-Becerril and Josefina Rojas, dated July 24, 2009 and recorded

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with the Washoe County Recorder on July 30, 2009, as Instrument No. 3786603 (the deed of trust).

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The deed of trust continues to encumber the property and is superior to any right, title, interest, lien,

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equity or estate of Thunder, and was not extinguished by defendant Townhouse Greens Association,

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Inc.'s foreclosure sale.

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51864929;1

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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED Thunder's title to the
property located at 336 Smithridge Park, Reno, Nevada 89502, and more particularly described as:

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PARCEL 1:

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LOT 336, OF SMITHRIDGE PARK TOWNHOUSES NO. 3, UNIT NO. 2,
ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON JULY
31, 1970.

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PARCEL 2:

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AN UNDIVIDED 1/32ND INTEREST IN AND TO LOT 313, THE "COMMON
AREA" OF SMITHRIDGE PARK TOWNHOUSES NO. 3, UNIT NO. 2,
ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA ON JULY
31, 1970.

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AKERMAN LLP

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

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TOGETHER WITH ALL AND SINGULAR THE TENEMENTS,
HEREDITAMENTS AND APPURTENANCES THEREUNTO BELONGING OR
IN ANYWISE APPERTAINING,

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APN: 025-130-23, remains encumbered by the deed of trust.

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Because the court finds the deed of trust was not extinguished by Townhouse Greens'

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foreclosure sale, the court dismisses all BANA's remaining claims as moot.

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51864929;1

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The court further orders the lis pendens recorded against the property related to this action,

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recorded with the Washoe County Recorder on February 22, 2017, as Instrument No. 4681775, is

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released.
February 11
Dated _____________, 2020.

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UNITED STATES DISTRICT COURT JUDGE
Case No.: 3:17-cv-00087-MMD-WGC

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AKERMAN LLP

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

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Submitted by:
AKERMAN LLP
/s/ Holly E. Walker, Esq.
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
HOLLY E. WALKER, ESQ.
Nevada Bar No. 14295
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for plaintiff Bank of America, N.A.

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51864929;1