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Nationstar Mortgage, LLC v. Rob and Robbie, LLC

United States District Court, D. Nevada

July 12, 2017

NATIONSTAR MORTGAGE LLC, Plaintiff,
v.
ROB AND ROBBIE, LLC, a Nevada Limited Liability Company; DOES 1 through 10; and ROE BUSINESS ENTITIES 1 through 10, inclusive, Defendants.

          AKERMAN LLP Ariel E. Stern, Esq. Vatana Lay, Esq. Attorneys for Plaintiff Nationstar Mortgage LLC.

          Walsh & Friendman, LTD Matthew P. Pawlowski, Esq. Robert J. Walsh, Esq. Attorneys for Rob and Robbie, LLC.

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

         Plaintiff Nationstar Mortgage LLC (Nationstar), and Defendant Rob and Robbie, LLC (R&R), through their counsel of record, stipulate as follows:

         1. This matter relates to real property located 3816 Purple Bloom Court, Las Vegas Nevada, 89122, APN 161-15-713-003 (the Property). The Property is more specifically described as:

PARCEL ONE (1):
LOT 18 IN BLOCK 3 OF FINAL MAP OF DESERT INN MASTER PLAN LOT "D" PHASE 1 (A COMMON INTEREST COMMUNITY) AS SHOWN BY MAP THEREOF ON FILE IN BOOK 114 OF PLATS, PAGE 68, IN THE OFFICE OF THE COUNTY RECORDER, CLARK COUNTY, NEVADA. RESERVING THEREFROM A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND ENJOYMENT IN AND TO THE COMMON ELEMENTS AS DELINEATED ON SAID MAP REFERRED TO ABOVE AND FURTHER DESCRIBED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUN RIDGE RECORDED MAY 18, 2004 IN BOOK 20040518 AS DOCUMENT NO. 05837 OF OFFICIAL RECORDS.
PARCEL TWO (2):
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND ENJOYMENT IN AND TO THE COMMON ELEMENTS AS DELINEATED ON SAID MAP REFERRED TO ABOVE AND FURTHER DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SUN RIDGE RECORDED MAY 18, 2004 IN BOOK 20040518 AS DOCUMENT NO. 05837 OF OFFICIAL RECORDS.

         Parcel ID Number: 161-15-713-003 which currently has the address of 3816 Purple Bloom Court, Las Vegas, Nevada 89122.

         2. Nationstar is the beneficiary of record of a Deed of Trust that encumbers the Property and was recorded on June 13, 2005, as Document Number 20050613-0004694, and re-recorded on September 14, 2005, as Document Number 20050914-0004678 in the Official Records of Clark County, Nevada (the Deed of Trust).

         3. On October 19, 2012, R&R recorded a Foreclosure Deed as Document Number 201210190001957 of the Official Records of Clark County, Nevada (the HOA Foreclosure Deed), reflecting that R&R purchased the Property at a foreclosure sale of the Property conducted by Sunrise Ridge aka Sunrise Ridge Master Homeowners Association on October 12, 2012 (the HOA Sale). R&R has not transferred its interest in the Property and is still the title holder of record.

         4. On July 12, 2013, Nationstar initiated a quiet title action against R&R in the United States District Court, District of Nevada, Case No. 2:13-cv-01241-RCJ-PAL (the Quiet Title Action).

         5. Nationstar and R&R 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 particular case only and has no relevance to any other matter.

         6. The Deed of Trust survived and was not extinguished in any capacity by the HOA Sale. The Deed of Trust remains a valid encumbrance against the Property following the recording of the HOA Foreclosure Deed, and ...


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