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Deutsche Bank National Trust Co. v. Paradise Court Homeowners Association

United States District Court, D. Nevada

January 22, 2018

DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR17, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-AR17, Plaintiff,
v.
PARADISE COURT HOMEOWNERS ASSOCIATION; MARYLOU FRAGGETTA, an individual; and ANTHONY FRAGGETTA, an individual; Defendant.

          Yanxiong Li, Esq., Dana Jonathon Nitz, Esq. Yanxiong Li, Esq., Wright, Finlay & Zak, LLP, Attorneys for Plaintiff

          Jay A. Shafer, Esq., Premier Legal Group, Attorneys for Marylou Fraggetta and, Anthony Fraggetta.

          Christopher A. Lund, Esq., Tyson & Mendes LLP, Attorneys for Paradise Court Homeowners, Association

          STIPULATED JUDGMENT FOR QUIET TITLE

         Plaintiff, Deutsche Bank National Trust Company as Trustee for Indymac Indx Mortgage Loan Trust 2005-AR17, Mortgage Pass-Through Certificates Series 2005-AR17 Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR17, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-AR17, by and through its counsel of record, Dana Jonathon Nitz, Esq. and Yanxiong Li, Esq., of the law firm Wright, Finlay & Zak, LLP; MARYLOU FRAGGETTA and ANTHONY FRAGGETTA, by and through their counsel of record, Jay Shafer, Esq. of Premier Legal Group; and PARADISE COURT HOMEOWNERS ASSOCIATION, by and through its counsel of record, Christopher Lund, Esq. of Tyson & Mendes, hereby jointly agree, stipulate, and authorize entry of a stipulated judgment as follows:

         II. STIPULATED FACTS

         1. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR17, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-AR17 ("Deutsche Bank") is a national banking association, with its main office located in California, organized and existing under the laws of the United States. Ocwen Loan Servicing, LLC is the servicing agent and attorney-in-fact for Deutsche Bank, the beneficiary of the first Deed of Trust encumbering real property located at 1065 Pleasure Ln #1, Henderson, Nevada 89002 with APN: 179-34-713-070 (hereinafter, the "Property"), and legally described as:

         Parcel I: Unit 1 (1) in Building 24 (24) of Final Map of Paradise Court, (a Common Interest Community), as shown by Map thereof on file in Book 116 of Plats, Page 33, in the office of the County Recorder of Clark County, Nevada; TOGETHER WITH associated Garage Unit, as set forth in that certain Declaration of Covenant, Conditions, and Restrictions and Reservation of Easements of Paradise Court, recorded May 18, 2004 in Book 20040518 as Document No. 01999, Official Records.

         Parcel II: A non-exclusive right and easement of ingress and egress and of use in, to, and over all common elements, including, but not limited to, private streets, as defined in and subject to the Declaration, which are appurtenant to Parcel I described above.

         Parcel III: The exclusive right of use, possession, and occupancy of those portions of above-referenced Plat as designated as exclusive use areas and limited common elements, including, but not limited to, Yard Component, as defined in and subject to the Declaration, which are appurtenant to Parcel I described above.

         2. MARYLOU FRAGGETTA ("Ms. Fraggetta") is an individual who owns property located in Clark County, Nevada.

         3. ANTHONY FRAGGETTA ("Mr. Fraggetta") is an individual who owns property located in Clark County, Nevada.

         4. PARADISE COURT HOMEOWNERS ASSOCIATION (hereinafter the "HOA") is a Nevada non-profit corporation, licensed to do business in the State of Nevada, and was the homeowners association that foreclosed on the Property.

         5. The real property subject to this dispute is located in Clark County, Nevada. Thus, jurisdiction and venue are proper in this Court.

         6. On or about May 25, 2005, Ms. Fraggetta purchased the Property. A Grant Bargain and Sale Deed conveying the Property to her was recorded with the Clark ...


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