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Bayview Loan Servicing, LLC v. Washington & Sandhill Homeowners Association

United States District Court, D. Nevada

July 19, 2018

BAYVIEW LOAN SERVICING, LLC; and FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff,
v.
WASHINGTON & SANDHILL HOMEOWNERS ASSOCIATION; ABSOLUTE COLLECTION SERVICES, LLC; SILVER STREAM ADVISORS, LLC; and NEW DIRECTION IRA, INC. FBO MARIJO TINLIN, IRA, Defendants.

          MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 VATANA LAY, ESQ. Nevada Bar No. 12993 Akerman LLP Attorneys for Plaintiffs Bayview Loan Servicing, LLC and Federal Home Loan Mortgage Corporation

          ABSOLUTE COLLECTION SERVICES, LLC SHANE D. COX, ESQ. Nevada Bar No. 13852 Attorneys for Absolute Collection Services, LLC

          GORDON REES SCULLY MANSUKHANI, LLP WING YAN WONG, ESQ. Nevada Bar No. 13622 Attorney for Washington & Sandhill HOA

          ALDRICH LAW FIRM, LTD. JOHN P. ALDRICH Nevada Bar No. 6877 CATHERINE HERNANDEZ, ESQ. Nevada Bar No. 8410 Attorney for Silver Stream Advisors, LLC and New Direction IRA

          STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED OF TRUST

          Gloria M. Navarro, Chief Judge

         Bayview Loan Servicing, LLC (Bayview), Federal Home Loan Mortgage Corporation (Freddie Mac), Washington & Sandhill Homeowners Association (Washington), Absolute Collection Services, LLC (ACS), New Direction IRA (New Direction), and Silver Stream Advisors, LLC (Silver Stream) by and through their undersigned counsel of record, stipulate as follows:

         1. This matter relates to real property located at 925 Swiss Street, Las Vegas, Nevada 89110, APN 140-30-612-033 (the Property). The Property is more specifically described as:

LOT EIGHTY-TWO (82) IN BLOCK THREE (3) OF WASHINGTON & SANDHILL UNIT 4 AS SHOWN BY MAP THEREOF ON FILE IN BOOK 88 OF PLATS, PAGE 36, IN THE OFFICE OF THE COUNTY RECORDER, CLARK COUNTY, NEVADA.

APN: 140-30-612-033

         2. Bayview, on Freddie Mac's behalf, is the beneficiary of record of a Deed of Trust that encumbers the Property and was recorded on October 31, 2006 as Instrument No. 20061031-0006241 (the Deed of Trust).

         3. On July 16, 2014, Silver Stream recorded a Foreclosure Deed as Instrument Number 20140716-0003120 of the Official Records of Clark County, Nevada (the HOA Foreclosure Deed), reflecting that Silver Stream purchased the Property at a foreclosure sale of the Property held July 15, 2014 (the HOA Sale).

         4. Silver Stream transferred its interest in the Property to New Direction by Quit Claim Deed recorded in the Clark County recorder's office on January 11, 2016 as Instrument No. 20160111-0002004; 5. On January 4, 2017, Bayview and Freddie Mac initiated an action for quiet title and damages against Silver Stream, Washington & Sandhill, New Direction, and ACS in the United States District Court, District of Nevada, Case No. 2:17-cv-00026 (the Quiet Title Action).

         6. The Parties have entered a settlement agreement in which all claims between the parties have been resolved.

         7. The parties have agreed as part of their settlement agreement, and the Court incorporates that agreement and its provision, that the Deed of Trust survived and was not extinguished in any capacity by the HOA Sale, the recording of the HOA Foreclosure Deed, or the recording of the Quit Claim Deed to New Direction. The Deed of Trust remains a valid encumbrance against the Property following the recording of the HOA Foreclosure Deed, and New Direction's interest in the Property is subject to the Deed of Trust. This stipulation is made for ...


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