Hollyvale Rental Holdings, LLC v. Rae Nola Edwards et al

Filing 132

ORDER approving ECF No. 131 Stipulation for 1. Disclaimer of Interest and 2. Dismissal of Cross-Claim against Mortgage Electronic Registration Systems Inc, Ocwen Loan Servicing LLC, and GMAC Mortgage LLC. Signed by Judge Miranda M. Du on 5/22/2018. (Copies have been distributed pursuant to the NEF - KR)

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Cross-Defendants Mortgage Electronic Registration Systems, Inc., Ocwen Loan
Servicing, LLC and GMAC Mortgage, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHAMPERY RENTAL REO, LLC,

Case No.: 3:17-cv-00162-MMD-WGC

Plaintiff,
vs.

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UNKNOWN HEIRS OF RAE NOLA
EDWARDS; FEDERAL NATIONAL
MORTGAGE ASSOCIATION; QUALITY
LOAN SERVICE CORPORATION; KERN &
ASSOCIATES, LTD.; SPRINGLAND
VILLAGE HOMEOWNERS ASSOCIATION;
All other persons unknown claiming any right,
title, estate, lien or interest in the real property
described in the Complaint adverse to Plaintiff’s
ownership, or any cloud upon Plaintiff’s title
thereto; DOES I through V; and ROE
Corporations I through V,

STIPULATION AND ORDER FOR
(1) DISCLAIMER OF INTEREST
AND
(2) DISMISSAL OF CROSS-CLAIM
AGAINST MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., OCWEN LOAN
SERVICING, LLC AND GMAC
MORTGAGE, LLC

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Defendants.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION;
Counterclaimant,

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vs.

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CHAMPERY RENTAL REO, LLC;

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Counter-Defendant.
______________________________________
SPRINGLAND VILLAGE HOMEOWNERS

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ASSOCIATION;
Counterclaimant,

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vs.
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CHAMPERY RENTAL REO, LLC;
Counter-Defendant.
______________________________________
SPRINGLAND VILLAGE HOMEOWNERS
ASSOCIATION;
Cross-claimant,

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vs.
UNKNOWN HEIRS OF RAE NOLA
EDWARDS; FEDERAL NATIONAL
MORTGAGE ASSOCIATION; QUALITY
LOAN SERVICE CORPORATION; ALL
OTHER PERSONS UNKNOWN CLAIMING
ANY RIGHT, TITLE, ESTATE, LIEN OR
INTEREST IN THE REAL PROPERTY
DESCRIBED IN THE COMPLAINT
ADVERSE TO PLAINTIFF’S OWNERSHIP,
OR ANY CLOUD UPON PLAINTIFF’S
TITLE THERETO; GMAC MORTGAGE,
LLC; MORTGAGE ELECTRONIC
SYSTEMS, INC.; OCWEN LOAN
SERVICING, LLC; HOLLYVALE RENTAL
HOLDINGS, LLC; CHAMPERY REAL
ESTATE 2015, LLC; HOLLYVALE RENTAL
HOLDINGS 2015, LLC; HOLLYVALE
RENTAL HOLDINGS, LLC; ALL THOSE
CLAIMING AN INTEREST IN 2614 SUMMY
SLOPE DIRVE #3, SPARKS, NV 89434;
DOES I through V; and ROE Corporations I
through V;
Cross-Defendants.
Cross-claimant, Springland Village Homeowners Association (hereinafter the “HOA”),
by and through its counsel of record, Gayle A. Kern, Esq. and Karen M. Ayarbe, Esq., of the law
firm Kern & Associates, Ltd.; and Cross-Defendants Mortgage Electronic Registration Systems,
Inc. (“MERS”), Ocwen Loan Servicing, LLC (“Ocwen”) and GMAC Mortgage, LLC

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(“GMAC”) by and through their counsel of record, Dana J. Nitz, Esq. and Christina V. Miller,

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Esq. of the law firm of Wright, Finlay & Zak, LLP; hereby stipulate and agree as follows:

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WHEREAS the above-captioned action concerns the real property located at 2614 Sunny

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Slope Drive, #3, Sparks, Nevada 89434 and described in the HOA’s Counterclaim and Cross-

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Claim in Interpleader [ECF No. 82] at ¶2 (the “Property”);

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WHEREAS the HOA filed its Counterclaim and Cross-Claim in Interpleader on March 9,

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2018 [ECF No. 82], concerning excess proceeds resulting from the HOA’s non-judicial

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foreclosure of its lien for unpaid assessments against the Property (“Excess Proceeds”);

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IT IS HEREBY STIPULATED AND AGREED that, pursuant to NRS 120.230, MERS,

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Ocwen and GMAC hereby disclaim any and all right, title, or interest in or to any or all of the

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Excess Proceeds and Property, or in any award from the Excess Proceeds to MERS, Ocwen or

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GMAC which may be ordered by the Court.

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IT IS FURTHER STIPULATED AND ADGREED that MERS, Ocwen and GMAC are
hereby dismissed with prejudice, with each party to bear its own fees and costs.
IT IS SO STIPULATED AND AGREED.
DATED this 22nd day of May, 2018.
WRIGHT, FINLAY & ZAK, LLP

DATED this 22nd day of May, 2018.
KERN & ASSOCIATES, LTD.

/s/ Christina V. Miller
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Cross-Defendants, Mortgage
Electronic Registration Systems, Inc. , Ocwen
Loan Servicing, LLC and GMAC Mortgage, LLC

/s/ Karen M. Ayarbe
Gayle A. Kern, Esq.
Nevada Bar No. 1620
Karen M. Ayarbe, Esq.
Nevada Bar No. 3358
5421 Kietzke Lane, Suite 200
Reno, Nevada 89511
Attorneys for Crossclaimant, Springland
Village Homeowners Association

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IT IS SO ORDERED.

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May
DATED this 22ndday of __________, 2018.
___

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__________________________________
DISTRICT COURT JUDGE

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