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

Filing 39

ORDER granting ECF No. 38 Stipulation Of Final Judgment Confirming Existence And Validity Of Deed Of Trust. Signed by Judge Miranda M. Du on 5/14/2018. (Copies have been distributed pursuant to the NEF - LH)

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs Bank of America,
N.A. and Federal National Mortgage
Association

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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; and FEDERAL
NATIONAL MORTGAGE ASSOCIATION,

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Plaintiff,

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vs.

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Case No.:

3:17-cv-00384

STIPULATION AND ORDER OF FINAL
JUDGMENT CONFIRMING EXISTENCE
AND VALIDITY OF DEED OF TRUST

SIERRA
VIEW
CONDOMINIUM
ASSOCIATION; and RED ROCK FINANCIAL
SERVICES, LLC,

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Defendants.

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Plaintiff Bank of America, N.A. (BANA) and defendants Sierra View Condominium
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Association (Sierra) and Red Rock Financial Services, LLC (Red Rock) through their counsel of
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record, stipulate as follows:
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1.

This matter relates to real property located 3000 Green Drive, Carson City, Nevada,

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89701, APN 008-601-09 (the Property). The Property is more specifically described as:
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Unit 9 as shown on the map of Park Terrace Subdivision Unit No. 2-A, filed in the Office
of the Carson City Recorder, on January 11, 1973 in Book 2 of Maps, Page 392 as File No.
15467.

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With the Appurtenances Thereto.

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APN 008-601-09
43821645;1

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2.

BANA, as servicer for Fannie Mae, is the beneficiary of record of a Deed of Trust that

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encumbers the Property and was recorded on December 7, 2007, as File No. 374619, in the Official

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Records of Carson City, Nevada (the Deed of Trust).

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3.

On January 15, 2014, Sierra View recorded a Foreclosure Deed as File No. 441639 of

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the Official Records of Carson City, Nevada (the HOA Foreclosure Deed), reflecting that Sierra View

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purchased the Property at its foreclosure sale of the Property conducted on December 5, 2013 (the

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HOA Sale). Sierra View has not transferred its interest in the Property and is still the title holder of

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record.

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4.

On June 20, 2017, BANA and Fannie Mae initiated a quiet title action against Sierra

AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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View in the United States District Court, District of Nevada, Case No. 3:17-cv-00384 (the Quiet Title

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Action).

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5.

Fannie Mae, BANA, and Sierra View have entered a confidential settlement agreement

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in which they have settled all claims between them in this case. This stipulation and order applies to

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the matters addressed in this particular case only and has no relevance to any other matter.

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APN 008-601-09
43821645;1

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6.

The Deed of Trust survived and was not extinguished in any capacity by the HOA Sale.

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The Deed of Trust remains a valid encumbrance against the Property following the recording of the

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HOA Foreclosure Deed, and Sierra View's interest in the Property is subject to the Deed of Trust.

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DATED this 11th day of May, 2018.

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AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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AKERMAN LLP

KOCH & SCOW, LLP

/s/ Jamie K. Combs
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/S/ Steven B. Scow
STEVEN B. SCOW, ESQ.
Nevada Bar No. 9906
BRODY R. WIGHT, ESQ.
Nevada Bar No. 13615
11500 South Eastern Avenue, Suite 210
Henderson, Nevada 89052

Attorneys for Bank of America

Attorneys for Red Rock Financial Services

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TYSON & MENDES LLP

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/s/ Christopher A. Lund
THOMAS E. MCGRATH, ESQ.
Nevada Bar No. 7086
CHRISTOPHER A. LUND, ESQ.
Nevada Bar No. 12435
8275 South Eastern Ave., Ste 115
Las Vegas, NV 89123
Attorneys for Sierra View Condominuim
Association

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APN 008-601-09
43821645;1

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ORDER

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Based on the above stipulation between plaintiffs Bank of America, N.A. (BANA) and Federal

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National Mortgage Association (Fannie Mae) and defendants Sierra View Condominium

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Homeowners Association (Sierra View) and Red Rock Financial Services, LLC (Red Rock), the

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Parties' agreement, and good cause appearing therefore,

Nevada against the real property located at 3000 Green Drive, Carson City, Nevada, 89701, APN 008-

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601-09 (the Property) on December 7, 2007, as File No. 374619, was not extinguished, impaired, or

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otherwise affected by the foreclosure sale of the Property conducted by Sierra View and Red Rock on

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AKERMAN LLP

IT IS ORDERED that the Deed of Trust recorded in the Official Records of Carson City,

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1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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December 5, 2013 or the recording of the HOA Foreclosure Deed in the Official Records of Carson

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City, Nevada, on January 15, 2014, as File No. 441639, reflecting that Sierra View purchased the

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Property at the HOA Sale. Sierra View's ownership interest in the Property is subject to the Deed of

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Trust.

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IT IS FURTHER ORDERED that Plaintiffs shall be entitled to record this STIPULATION

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AND ORDER CONFIRMING VALIDITY OF DEED OF TRUST in the Official Records of Carson

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City, Nevada in accordance with the rules of the Recorder's Office.

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IT IS FURTHER ORDERED that this order constitutes the final judgment of this Court,
resolving all claims in this case with prejudice, each party to bear its own fees and costs.
14th
May
DATED this _____ day of ___________________, 2018.

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DISTRICT COURT JUDGE

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Respectfully submitted by:

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AKERMAN LLP
/s/ Jamie K. Combs
Melanie D. Morgan, Esq.
Jamie K. Combs, Esq.
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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APN 008-601-09
43821645;1