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Ocwen Loan Servicing, LLC v. Nevada Ranch Twilight Homeowners Association

United States District Court, D. Nevada

February 23, 2018

OCWEN LOAN SERVICING, LLC, Plaintiff,
v.
NEVADA RANCH TWILIGHT HOMEOWNERS ASSOCIATION, Defendant.

          Dana Jonathon Nitz, Esq. Christina V. Miller, Esq. WRIGHT, FINLAY & ZAK, LLP Attorneys for Plaintiff Ocwen Loan Servicing, LLC

          David T. Gluth, Esq. Attorneys for Defendant Nevada Ranch Twilight Homeowners Association

          STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT NEVADA RANCH TWILIGHT HOMEOWNERS ASSOCIATION'S MOTION TO DISMISS COMPLAINT (SECOND REQUEST)

         COME NOW Plaintiff Ocwen Loan Servicing, LLC (“Ocwen”) and Defendant Nevada Ranch Twilight Homeowners Association (the “Nevada Ranch Twilight”), by and through their respective counsel of record, and hereby stipulate and agree as follows:

         WHEREAS, on August 29, 2009, a Notice of Delinquent Assessment (Lien) was recorded against the subject Property by Alessi & Koenig, LLC (the “HOA Trustee”) on behalf of Nevada Ranch Master Homeowners Association (“Nevada Ranch Master”).

         WHEREAS, on that same date, a Notice of Delinquent Assessment (Lien) was recorded against the subject Property by the HOA Trustee on behalf of Nevada Ranch Twilight.

         WHEREAS, on November 16, 2009, a Notice of Default and Election to Sell Under Homeowners Association Lien was recorded against the subject Property by the HOA Trustee on behalf of Nevada Ranch Master.

         WHEREAS, on that same date, a Notice of Default and Election to Sell Under Homeowners Association Lien was recorded against the subject Property by the HOA Trustee on behalf of Nevada Ranch Twilight.

         WHEREAS, on November 5, 2010, a second Notice of Default and Election to Sell Under Homeowners Association Lien was recorded against the subject Property by the HOA Trustee on behalf of Nevada Ranch Master.

         WHEREAS, on March 20, 2012, a Notice of Trustee's Sale was recorded against the subject Property by the HOA Trustee on behalf of Nevada Ranch Master, stating that a foreclosure sale would proceed on April 11, 2012.

         WHEREAS, on August 14, 2012, a Notice of Trustee's Sale was recorded against the subject Property by the HOA Trustee on behalf of Nevada Ranch Twilight, stating that a foreclosure sale would proceed on September 12, 2012.

         WHEREAS, on August 14, 2012, a second Notice of Trustee's Sale was recorded against the subject Property by the HOA Trustee on behalf of Nevada Ranch Master, stating that a foreclosure sale would proceed on September 12, 2012.

         WHEREAS, on January 8, 2013, a Trustee's Deed Upon Sale was recorded against the Property by the HOA Trustee on behalf of Nevada Ranch Twilight, stating that a foreclosure sale occurred on December 12, 2012.

         WHEREAS, on April 25, 2013, a Corrective Trustee's Deed Upon Sale was recorded against the Property by the HOA Trustee, stating that it was recorded “[t]o correct foreclosing beneficiary name and TS. No.” The foreclosing beneficiary was changed from Nevada Ranch Twilight to Nevada Ranch Master. The foreclosure sale date was also changed from December 12, 2012, to September 12, 2012.

         WHEREAS, on September 18, 2017, Ocwen filed a Complaint seeking damages ...


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