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Bank of America, N.A. v. Travata and Montage at Summerlin Centre

United States District Court, D. Nevada

August 18, 2017

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff,
v.
TRAVATA AND MONTAGE AT SUMMERLIN CENTRE; UNDERWOOD PARTNERS, LLC; NV EAGLES, LLC; and NEVADA ASSOCIATION SERVICES, INC., Defendants, NV EAGLES, LLC, Counterclaimant,
v.
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICPNG, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Counterdefendant, NV EAGLES, LLC, Third-Party Plaintiff,
v.
ANTHONY HOLDREN and KRISTINE A. HOLDREN Third-Party Defendants.

          JOHN HENRY WRIGHT, ESQ. Nevada Bar No. 6182 THE WRIGHT LAW GROUP, PC., Attorneys for NV EAGLES, LLC

          JUDGMENT AND DECREE OF QUIET TITLE

         Pursuant to the Order of this Court (ECF No, 73), attached as Exhibit A hereto, on Defendant/Counterclaimant NV EAGLES, LLC's ("EAGLES") Motion for Summary Judgment (ECF No 35) and on Plaintiff BANK OF AMERICA, N. A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP's ("BOA") Motion for Summary Judgment (ECF No. 36) granting EAGLES Motion for Summary Judgment and Denying BOA's Motion for Summary Judgment and good cause appearing therefore: JUDGMENT IS HEREBY ENTERED in favor of Defendant NV EAGLES, LLC and against Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP quieting title to the property located at 1887 Hollywell Street, Las Vegas, Nevada 89135 (APN 164-02-613-004) free and clear of Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP's Deed of Trust originally recorded by Ryland Mortgage on August 28, 2009 or any other interest of said Defendant.

         JUDGMENT IS HEREBY ENTERED that as a result of the Foreclosure Sale occurring on May 24, 2013 and the recordation of a Foreclosure Deed pursuant to NRS 116.31164 on May 21, 2013, the interests of Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP through the First Deed of Trust recorded at 20090828:0002434 was extinguished as a matter of law.

         IT IS HEREBY DECREED that title to the property located at 1887 Hollvwell Street, Las Vegas, Nevada 89135 (APN 164-02-613-004) is hereby vested in Defendant/Counterclaimant NV EAGLES, LLC free and clear of all interests of Plaintiff BANK OF AMERICA, N.A., SUCCESSORBY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP including, but not limited to, any claims relating to, arising from or otherwise set forth in the deed of trust recorded on August 28, 2009 as instrument number 20090828:0002434.

         IT IS HEREBY DECREED that the Judgment set forth herein does not in any way adjudicate any interest in the property located at 1887 Hollywell Street, Las Vegas, Nevada 89135 (APN 164-02-613-004) which are or may be held by the Federal Housing Administration (FHA) arising out of its' insuring of the deed of trust recorded on August 28, 2009 as instrument number 20090828:0002434.

         IT IS HEREBY DECREED that Plaintiff BANK OF AMERICA, N. A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP shall record a release of its' Lis Pendens recorded on February 22, 2016 as instrument number 20160222:00224 within 30 days of the entry of this Judgment.

         EXHIBIT A

         ORDER

         Presently before the court is plaintiff Bank of America, N.A.'s ("BANA") motion for summary judgment. (ECF No. 36). Defendant NV Eagles LLC ("Eagles") filed a response (ECF No. 46), as did defendant Travata and Montage at Summerlin Centre (the "HOA") (ECF No. 42). BANA submitted replies. (ECF Nos. 67, 68).

         Also before the court is the HOA's motion for summary judgment. (ECF No. 37). BANA filed a response (ECF No. 41), and the HOA filed a reply (ECF No. 66).

         Also before the court is Eagles' motion for summary judgment.[1] (ECF No. 35). BANA filed a response (ECF No. 40), but no Eagles submitted no reply.

         I. Introduction

         The instant litigation involves the May 24, 2013, nonjudicial foreclosure sale of the real property at 1887 Hollywell Street, Las Vegas, Nevada 89135. (ECF No. 36).

         On May 18, 2011, BANA acquired the senior deed of trust through a recorded assignment of deed of trust, which BANA asserts was covered by Federal Housing Administration ...


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