United States District Court, D. Nevada
OCWEN LOAN SERVICING, LLC; and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiffs,
MARK DEWITT, an individual; OSCAR MARTINEZ, and individual; MIRIAM MARTINEZ, an individual; DESERT INN MOBILE FAMILY ESTATES OWNERS ASSOCIATION, a Nevada non-profit corporation; inclusive, Defendants.
WRIGHT, FINLAY & ZAK, LLP Christina Miller, Esq. Nevada
Bar No. 12448 Regina A. Habermas, Esq. Nevada Bar No. 8481
Attorneys for Plaintiffs, Ocwen Loan Servicing, LLC and
Federal National Mortgage Association
DENNETT WINSPEAR, LLP Gina Gilbert Winspear, Esq. Nevada Bar
No. 5552 Attorneys for Defendant, Desert Inn Mobile Las
Vegas, NV 89117 Family Estates Owners Association
A. Habermas, Esq. Gina Gilbert Winspear, Esq. Nevada Bar No.
12448 Regina A. Habermas, Esq. Attorneys for Plaintiffs,
Ocwen Loan Servicing, LLC and Federal National Mortgage
COONS, LTD. Charles Coons, Esq. Nevada Bar No. 10553 Thomas
Miskey, Esq. Nevada Bar No. 13540 Attorneys for Oscar and
STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING
EXISTENCE AND VALIDITY OF DEED OF TRUST
M. Navarro, chief Judge United States District Court
Loan Servicing, LLC (“Ocwen”), Federal National
Mortgage Association (“Fannie Mae”) (collectively
“Plaintiffs”); Oscar and Miriam Martinez
(collectively the “Martinezs”); and Desert Inn
Mobile Family Estates Owners Association (the
“HOA”), through their counsel of record,
stipulate as follows:
1. This matter relates to real property located 3499
Allegheny Dr., Las Vegas, Nevada 89122, APN 161-16-210-285
(the “Property”). The Property is more
specifically described as:
LOT 147, BLOCK 5 OF DESERT INN MOBILE ESTATES I, AS SHOWN BY
MAP THEREOF IN PLAT BLOOK 21, PAGE 9 OF THE RECORDS OF THE
COUNTY OF CLARK COUNTY, NEVADA.
2. The Deed of Trust that encumbers the Property was recorded
on March 23, 2001, as Document No. 20010323-0001359, in the
Official Records of Clark County, Nevada (the “Deed of
3. In December 2002, Fannie Mae acquired ownership of the
Loan, including the Deed of Trust and associated note (the
4. Ocwen is the current servicer of the Loan for Fannie Mae,
and in that capacity is beneficiary of record of the Deed of
Trust for Fannie Mae.
5. On November 7, 2012, Nevada Association Services, Inc.
(“NAS”) recorded, on behalf of the HOA, a
Foreclosure Deed as Instrument No. 20121107-0001244 (the
“Foreclosure Deed”), which reflected that Mark
Dewitt (“Dewitt”) acquired the Property for the
sum of $5, 000 (the “HOA Sale”).
6. On March 16, 2016, a Quit-Claim Deed, Instrument No.
20160316-0001867, was recorded against the Property, which
identified DeWitt as the Grantor and the Martinezs as
7. The Martinezs have not transferred their interest in the
Property and are still the ...