United States District Court, D. Nevada
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff,
SAHARA SUNRISE HOMEOWNERS ASSOCIATION; ABSOLUTE COLLECTION SERVICES, LLC; NEVADA NEW BUILDS, LLC, Defendants.
&HONG, APLC, JOSEPH Y. HONG, ESQ., Attorneys for Nevada
New Builds, LLC.
ORME &ANTHONY, EDWARD D. BOYACK, ESQ., Attorneys for
Defendant Sahara Sunrise HOA.
ABSOLUTE COLLECTION SERVICES, LLC, SHANE D. COX, ESQ.,
Absolute Collection Services, LLC, Attorneys for Defendant
Absolute Collection Services, LLC.
MELANIE D. MORGAN, ESQ., WILLIAM S. HABDAS, ESQ., AKERMAN
LLP., Attorneys for Bank of America, N.A., successor by
merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home
Loans Servicing, LP.
STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING
VALIDITY OF DEED OF TRUST
to Fed.R.Civ.P. 41, plaintiff Bank of America, N.A. successor
by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide
Home Loans Servicing, LP (BANA), and defendants Sahara
Sunrise Homeowners Association (Sahara), Nevada New Builds,
LLC (NNB), and Absolute Collection Services, LLC (ACS),
(collectively, the Parties), through their counsel of record,
hereby stipulate and agree as follows:
matter relates to real property located at 2637 Amber Crest
Street, Las Vegas, NV 89142, APN 161-10-511-005 (the
Property). The Property is more specifically described as:
All that certain real property situated in the County of
Clark, State of Nevada, described as follows:
Lot 5 in Block 1 of SAHARA SUNRISE, as shown by map thereof
on file in Book 91 of Plats, Page 12 in Book 990830 as
Document No. 01584, in the Office of the County Recorder of
Clark County, Nevada; Parcel II:
A non-exclusive easement for access, ingress, egress use and
enjoyment of, in to and over those areas delineated as
"Private Drives" and "Common Elements" on
the above referenced Plat, and defined as "Association
Property" in the Declaration of Covenants, Conditions
and Restrictions for Sahara Sunrise recorded March 22, 2000
in Book 20000322 as Document No. 1122, Official Records.
is the beneficiary of record of a Deed of Trust that
encumbers the Property and was recorded on May 23, 2008 as
Instrument No. 20080523-0003947 in the Official Records of
Clark County, Nevada (the Deed of Trust).
July 17, 2014, NNB recorded a Foreclosure Deed as Instrument
No. 20140717-0000092 of the Official Records of Clark County,
Nevada (the HOA Foreclosure Deed), reflecting that NNB
purchased the Property at a foreclosure sale of the Property
conducted by ACS on behalf of Sahara on July 15, 2014 (the
HOA Sale). NNB has not transferred its interest in the
Property and is still the title holder of record.
February 18, 2016, BANA initiated a quiet title action
against Sahara, ACS and NNB in the United States District
Court, District of Nevada, Case No. 2:16-cv-00336-GMN-PAL
(the Quiet Title Action).
and NNB have entered a confidential settlement agreement in
which they have settled all claims between them in this case.
This stipulation and order applies to the matters addressed
in this ...