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

Filing 143

DEFAULT JUDGMENT in favor of Champery Rental REO LLC against Unknown Heirs of Nola Rae Edwards. Signed by Judge Miranda M. Du on 10/4/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 John T. Steffen (4390) Matthew K. Schriever (10745) HUTCHISON & STEFFEN, PLLC 10080 West Alta Drive, Suite 200 Las Vegas, NV 89145 Tel: (702) 385-2500 Fax: (702) 385-2086 mschriever@hutchlegal.com 10 Casey J. Nelson, Esq. (12259) Wedgewood, LLC 2320 Potosi Street, Suite 130 Las Vegas, Nevada 89146 Telephone: (702) 305-9157 Facsimile: (310) 730-5967 E-mail: caseynelson@wedgewood-inc.com 11 Attorneys for Plaintiff 7 8 9 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 CHAMPERY RENTAL REO, LLC, 15 CASE NO.: DEFAULT JUDGMENT AGAINST DEFENDANT UNKNOWN HEIRS OF RAE NOLA EDWARDS Plaintiff, 16 v. 17 18 19 20 21 22 23 24 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, 25 26 27 3:17-cv-00162-MMD-WGC Defendants, AND RELATED ACTIONS. 28 -1- 1 This matter came before the Court on Plaintiff’s Renewed Motion For Default Judgment 2 Against Defendant Unknown Heirs Of Rae Nola Edwards. The Court having reviewed the papers and 3 pleadings on file herein, and for good cause appearing therefore, 4 THE COURT FINDS that RAE NOLA EDWARDS (“EDWARDS”) formerly owned real 5 property commonly known as 2614 SUNNY SLOPE DRIVE, #3, SPARKS, NV 89434, APN 0306 7 8 9 10 11 12 13 14 15 328-11, and more specifically identified as: PARCEL 1: UNIT 3, IN BUILDING 12, OF SPRINGLAND VILLAGE UNIT NO. 1B (A CONDOMINIUM SUBDIVISION), ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON MARCH 23, 1982, FILE NO. 786846, TRACT MAP NO. 2038. PARCEL 2: AN UNDIVIDED 1/86TH INTEREST IN THE COMMON AREA OF SPRINGLAND VILLAGE UNIT NO. 1B, (A CONDOMINIUM SUBDIVISION), ACCORDING TO THE MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF WASHOE COUNTY, STATE OF NEVADA, ON MARCH 23, 1982. 16 (the “Subject Property”). 17 18 19 20 21 THE COURT FURTHER FINDS that EDWARDS passed away on or about NOVEMBER 21, 2013 with no record of a will or probate action. THE COURT FURTHER FINDS that on AUGUST 19, 2016, KERN & ASSOCIATES, LTD. (“Trustee”) for and on behalf of SPRINGLAND VILLAGE HOMEOWNERS ASSOCIATION 22 (“HOA”) conducted a homeowners’ association foreclosure sale on the Subject Property pursuant to 23 24 NRS 116 and its governing documents, wherein Plaintiff’s predecessor-in-interest, HOLLYVALE 25 RENTAL HOLDINGS, LLC (“HOLLYVALE”) purchased the Subject Property and became the owner 26 of the Subject Property. 27 28 -2- THE COURT FURTHER FINDS that the foreclosure deed by which HOLLYVALE acquired 1 2 ownership of the Subject Property was recorded with the Washoe County Recorder on OCTOBER 25, 3 2016. 4 THE COURT FURTHER FINDS that the any interest of UNKNOWN HEIRS OF RAE NOLA 5 EDWARDS in the Subject Property was extinguished by the homeowners’ association foreclosure sale 6 7 conducted by the HOA on AUGUST 19, 2016. THE COURT FURTHER FINDS that the Plaintiff became the owner of the Subject Property 8 9 10 through a quitclaim deed which was recorded with the Washoe County Recorder on FEBRUARY 27, 2017 as DOC #4682809. 11 GOOD CAUSE APPEARING THEREFOR; 12 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff’s Motion For 13 14 Default Judgment is GRANTED pursuant to FRCP 55(b). 15 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment for declaratory 16 relief and to quiet title in the Subject Property shall be entered by the Court in favor of the Plaintiff and 17 18 against Defendant UNKNOWN HEIRS OF RAE NOLA EDWARDS consistent with the above 19 findings by the Court. 20 /// 21 /// 22 /// 23 24 25 26 27 28 -3- 1 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that CHAMPERY RENTAL 2 REO, LLC is vested with good, clear, marketable title to the Subject Property and that Defendant 3 UNKNOWN HEIRS OF RAE NOLA EDWARDS has no interest, right, or claim to the Subject Property 4 whatsoever. 5 IT IS SO ORDERED. 6 7 4th October Dated this ______ day of ___________________, 2018. 8 9 _____________________________ FEDERAL COURT JUDGE 10 11 Submitted by: 12 HUTCHISON & STEFFEN, PLLC 13 14 15 16 17 18 /s/ Matthew K. Schriever _____________________________ John T. Steffen (4390) Matthew K. Schriever (10745) Peccole Professional Park 10080 West Alta Drive, Suite 200 Las Vegas, NV 89145 mschriever@hutchlegal.com 19 Attorneys for Plaintiff 20 21 22 23 24 25 26 27 28 -4-

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