United States District Court, D. Nevada
U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR THE FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE ASSET-BACKED CERTIFICATES, SERIES 2007-FF1, Plaintiff,
SFR INVESTMENT POOL 1, LLC, a Nevada Limited Liability Company; D'ANDREA COMMUNITY ASSOCIATION, a Domestic Non-Profit Corporation; ALESSI & KOENIG, LLC, a Domestic Limited Liability Company, Defendants. SFR INVESTMENT POOL 1, LLC, a Nevada Limited Liability Company, Counterclaimant,
U.S. BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR THE FIRST FRANKLIN MORTGAGE LOAN TRUST, MORTGAGE ASSET-BACKED CERTIFICATES, SERIES 2007-FF1, Counter-Defendant.
WRIGHT, FINLAY & ZAK, LLP Natalie C. Lehman, Esq. Nevada
Bar No. 12995 Attorneys for Plaintiff/Counter-defendant, U.
Bank National Association, as Trustee for the First Franklin
Mortgage Loan Trust, Mortgage Asset-Backed Certificates,
ORME & ANTHONY Adam J. Breeden, Esq. Nevada Bar No.
008768 Attorneys for Defendant, D'Andrea Community
STIPULATION AND ORDER TO DISMISS DEFENDANT
D'ANDREA COMMUNITY ASSOCIATION WITH PREJUDICE
U.S. Bank National Association, as Trustee for the First
Franklin Mortgage Loan Trust, Mortgage Asset-Backed
Certificates, Series 2007-FF1 (hereinafter “U.S.
Bank”) and Defendant, D'Andrea Community
Association (hereinafter “D'Andrea” and/or
“HOA”), by and through their respective attorneys
of record, hereby stipulate and agree as follows:
The real property which is the subject of this civil action
consists of a residence commonly known as 2546 Napoli Drive,
Sparks, Nevada 89434, APN 402-283-13 (hereinafter
“Property”), and is part of D'Andrea
U.S. Bank is the holder of a first Deed of Trust securing a
loan in the amount of $236, 000.00 made on or about November
28, 2006 (“Note”) by Troy F. Rheaume and Troy T.
Owen (“Borrowers”) and recorded on November 30,
2006 in the Official Records of Washoe County, Nevada as
Document Number 3469202 (“Deed of Trust”);
On June 14, 2013, a Trustee's Deed Upon Sale was recorded
memorializing a non-judicial foreclosure sale conducted by
Alessi & Koenig, LLC on behalf of D'Andrea, wherein
the Property was conveyed to SFR Investments Pool 1, LLC
(hereinafter “SFR”) for the purchase price of $9,
On January 27, 2016, U.S. Bank filed an Amended Complaint for
Wrongful Foreclosure, among other claims, against
D'Andrea in Case Number 3:15-cv-00241-RCJ-WGC;
On November 3, 2017, U.S. Bank filed a Motion for Summary
Judgment regarding its claims against D'Andrea [ECF No.
153]; 6. On December 29, 2017, D'Andrea
filed its Countermotion for Summary Judgment [ECF No. 157];
U.S. Bank and D'Andrea have now come to a resolution
regarding their respective claims and interest in the
Property and have entered into a Confidential Settlement
In accordance with the Confidential Settlement Agreement, all
claims asserted by U.S. Bank against D'Andrea shall be
dismissed with prejudice;
Nothing in this Stipulation should be construed as intended
to benefit any other party not identified as the undersigned
Parties hereto, and in particular, shall not constitute a
waiver or relinquishment of any claims or defenses by U.S.
Bank against SFR; and
Each Party shall bear its own fees and costs incurred in this
litigation and settlement.
IS HEREBY STIPULATED AND AGREED that Defendant,
D'Andrea Community Association is ...