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Ocwen Loan Servicing, LLC v. Dewitt

United States District Court, D. Nevada

March 19, 2019

OCWEN LOAN SERVICING, LLC; and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiffs,
v.
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

          Regina 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 Association

          COOPER COONS, LTD. Charles Coons, Esq. Nevada Bar No. 10553 Thomas Miskey, Esq. Nevada Bar No. 13540 Attorneys for Oscar and Miriam Martinez

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

          Gloria M. Navarro, chief Judge United States District Court

         Ocwen 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 Trust”).
3. In December 2002, Fannie Mae acquired ownership of the Loan, including the Deed of Trust and associated note (the “Note”).
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 Grantees.
7. The Martinezs have not transferred their interest in the Property and are still the ...

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