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USROF III Legal Title Trust 2015-1 v. Saticoy Bay LLC

United States District Court, D. Nevada

June 28, 2018

USROF III LEGAL TITLE TRUST 2015-1, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, Plaintiff,
v.
SATICOY BAY LLC, SERIES 5526 MOONLIGHT GARDEN STREET Defendants.

          WRIGHT, FINLAY & ZAK, LLP Dana Jonathan Nitz, Esq. Yanxiong Li, Esq. Attorneys for Plaintiff, USROF III Legal Title Trust 2015-1, By U.S. Bank National Association, as Legal Title Trustee.

          LAW OFFICES OF MICHAEL F. BOHN, ESQ., LTD Michael F. Bohn, Esq Nikoll Nikci, Esq. Attorney for Defendant, Saticoy Bay LLC Series 5526 Moonlight Garden Street.

          LIPSON NEILSON, P.C. John William Ebert, Esq. Karen Kao, Esq. LIPSON NEILSON, P.C. Attorneys for Timber Creek Homeowners' Association.

          STIPULATION AND ORDER TO SUBSTITUTE REAL PARTY IN INTEREST AND AMEND CAPTION

         Plaintiff, USROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title Trustee (“Plaintiff” or “U.S. Bank”), and Defendant Saticoy Bay, LLC, Series 5526 Moonlight Garden Street, (“Defendant” or “Saticoy Bay”), by and through their respective attorneys of record, hereby state and stipulate as follows:

         WHEREAS, on June 15, 2016, Plaintiff filed No. 2:16-cv-01346-JCM-CWH (“Action”) against Saticoy Bay to quiet title to the Subject Property as to the Deed of Trust recorded in the official records of the Clark County Recorder's Office on May 29, 2009 as Instrument No. 20090529-0006121 (“Subject Deed of Trust”);

         WHEREAS, Mortgage Electronic Registration Systems, Inc. (“MERS”) was nominee for Pulte Mortgage, LLC, the beneficiary of the Subject Deed of Trust pursuant to the terms thereunder;

         WHEREAS, on or about October 5, 2011, MERS, solely as nominee for PULTE MORTGAGE, LLC, assigned the interest in the Subject Deed of Trust to BANK OF AMERICA, N.A., SUCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRY WIDE HOME LOANS SERVICING, LP via an Assignment of Deed of Trust recorded in the official records of the Clark County Recorder's Office on October 5, 2011, as Instrument No. 201110050000844;

         WHEREAS, on or about May 28, 2014, BANK OF AMERICA, N.A., SUCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRY WIDE HOME LOANS SERVICING, LP, assigned the interest in the Subject Deed of Trust to SECRETARY OF HOUSING AND URBAN DEVELOPMENT via a Assignment of Deed of Trust recorded in the official records of the Clark County Recorder's Office on May 28, 2014, as Instrument No. 20140528-0001679.

         WHEREAS, on or about June 18, 2014, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, assigned the interest in the Subject Deed of Trust to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SROF2013-S3 REMIC TRUST I via a Assignment of Deed of Trust recorded in the official records of the Clark County Recorder's Office on June 18, 2014, as Instrument No. 20140618-0000745.

         WHEREAS, on or about October 1, 2015, U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SROF2013-S3 REMIC TRUST I, assigned the interest in the Subject Deed of Trust to U.S.ROF III LEGAL TITLE TRUST 2015-1, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank”) via a Assignment of Deed of Trust recorded in the official records of the Clark County Recorder's Office on October 1, 2015, as Instrument No. 20151001-0002824.

         WHEREAS, on or about October 21, 2016, U.S. ROF III LEGAL TITLE TRUST 2015-1, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, assigned the interest in the Subject Deed of Trust to PROF-2013-S3 LEGAL TITLE TRUST II, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank”) via a Assignment of Deed of Trust recorded in the official records of the Clark County Recorder's Office on October 21, 2016, as Instrument No. 20161021-0000962.

         WHEREAS, on or about December 9, 2016, PROF-2013-S3 LEGAL TITLE TRUST II, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, assigned the interest in the Subject Deed of Trust to PROF-2013-S3 LEGAL TITLE TRUST IV, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank”) via a Assignment of Deed of Trust recorded in the official records of the Clark County Recorder's Office on December 9, 2016, as Instrument No. 20161209-0000137.

         WHEREAS, on or about February 13, 2018, PROF-2013-S3 LEGAL TITLE TRUST IV, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, assigned the interest in the Subject Deed of Trust to PROF-2013-S3 LEGAL TITLE TRUST V, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank”) via a Assignment of Deed of Trust recorded in the official records of the Clark County Recorder's Office on February 13, 2018, as Instrument No. 20180213-0002436.

         WHEREAS, the parties, by and through their undersigned counsels of record, hereby stipulate to substitute PROF-2013-S3 LEGAL TITLE TRUST V, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE as the Plaintiff in this action in the place and stead of USROF III ...


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