United States District Court, D. Nevada
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE HOLDERS OF THE CERTIFICATES, FIRST HORIZON MORTGAGE PASS-THROUGH CERTIFICATES SERIES FHAMS 2006-AA5, BY FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCAITION, MASTER SERVICER, IN ITS CAPACITY AS AGENT FOR THE TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, Plaintiff,
PARK AVENUE HOMEOWNERS' ASSOCATION AND RED ROCK FINANCIAL SERVICES, LLC, Defendants.
MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 DONNA WITTIG,
ESQ. Nevada Bar No. 11015 Akerman LLP Attorneys for Plaintiff
The Bank of New York Mellon f/k/a The Bank of New York
AKERMANLLP Donna M. Wittie MELANIE D. MORGAN ESQ. Nevada Bar
No. 8215 DONNA M. WITTIG, ESQ. Nevada Bar No. 11015 Attorneys
for plaintiff The Bank of New York Mellon f/k/a The Bank of
MARQUIS AURBACH COFFING Avece M. Hibee AVECE M. HIGBEE, ESQ.
Nevada Bar No. 3739 CODY S. MOUNTEER, ESQ. Nevada Bar No.
11220 JAMES ALLAN BECKSTROM, II, ESQ. Nevada Bar No. 14032
Attorneys for defendant Park Avenue Homeowners Association
SCOW LLC Steven Scow DAVID R. KOCH, ESQ. Nevada Bar No. 8830
STEVEN B. SCOW, ESQ. Nevada Bar No. 9906 BRODY R. WIGHT, ESQ.
Nevada Bar No. 13615 Attorneys for defendant Red Rock
Financial Services, LLC
STIPULATION AND ORDER FOR DISMISSAL OF ALL CLAIMS
WITH PREJUDICE AND RELEASE OF NOTICE OF LIS PENDENS
The Bank of New York of New York Mellon f/k/a The Bank of New
York, as Trustee for the holders of the Certificates, First
Horizon Mortgage Pass-Through Certificates Series FHAMS
2006-AA5, by First Horizon Home Loans, a division of First
Tennessee Bank National Association, Master Servicer, in its
capacity as agent for the Trustee under the Pooling and
Servicing Agreement (BoNYM) and defendants Park Avenue
Homeowners' Association (Park Avenue) and Red Rock
Financial Services, LLC (Red Rock) hereby stipulate to
dismiss all claims asserted by plaintiff against defendants
matter relates to real property located at 63 East Agate
Avenue, #202, Las Vegas, Nevada 89123 (the property).
BoNYM is the beneficiary of a deed of trust encumbering the
property, which was recorded on or about June 16, 2006 at
document number 20060616-0005268 in the official records of
Clark County, Nevada (the deed of trust).
or about July 23, 2012, Red Rock recorded a Foreclosure Deed
at document number 201207230001661 in the official records of
Clark County, Nevada, reflecting that Park Avenue purchased
the property at the foreclosure sale on or about July 17,
2012 (the HOA Sale).
November 20, 2017, BoNYM initiated a lawsuit against Park
Avenue and Red Rock in the United States District Court,
District of Nevada, Case No. 2:17-cv-029U-MMD-NJK (the
BoNYM, Park Avenue, and Red Rock have entered into a
confidential settlement agreement wherein they have settled
all claims between them in the litigation.
notice of lis pendens recorded on November 30, 2017, as
Instrument No. 201711300002355 is hereby released.
release of notice of lis pendens affects title of real
property located at 63 East Agate Avenue, #202, Las Vegas,
Nevada 89123 with legal description of:
An undivided Fractional Interest as a tenant in common in the
Common Elements as defined in Section 1.10 of the Declaration
of Covenants, Conditions, and Restrictions for PARK AVENUE
CONDOMINIUMS. A Common Interest Condominium Development
recorded in the Office of the County Recorder of Clark
County, Nevada on August 3, 2001 in Book 20010803 as Document
No. 00962 as the same may from time to time ...