United States District Court, D. Nevada
BAYVIEW LOAN SERVICING, LLC; and FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff,
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
ABSOLUTE COLLECTION SERVICES, LLC SHANE D. COX, ESQ. Nevada
Bar No. 13852 Attorneys for Absolute Collection Services, LLC
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
M. Navarro, Chief Judge
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:
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
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
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).
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).
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
Parties have entered a settlement agreement in which all
claims between the parties have been resolved.
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 ...