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Bank of America, N.A. v. United States-Department of Justice

United States District Court, D. Nevada

April 1, 2019

BANK OF AMERICA, N.A., a national banking association, Plaintiff,
v.
UNITED STATES OF AMERICA -DEPARTMENT OF JUSTICE, a U.S. government agency; DOES I through X; and ROE BUSINESS ENTITIES XI through XX, Defendants.

          FIDELITY NATIONAL LAW GROUP CHRISTINA H. WANG, ESQ Nevada Bar No. 9713 Attorneys for Plaintiff Bank of America, N.A.

          UNITED STATES OF AMERICA Christina H. Wang Mark E. Woolf MARK E. WOOLF, ESQ. Assistant United States Attorney Attorneys for the United States of America

          [PROPOSED] STIPULATED JUDGMENT

          RICHARD F?`BOULWARE, II UNITED STATES DISTRICT JUDGE.

         Plaintiff BANK OF AMERICA, N.A. ("Plaintiff) and Defendant UNITED STATES OF AMERICA - DEPARTMENT OF JUSTICE ("DOJ"), by and through their attorneys of record, hereby agree, stipulate and authorize entry of judgment as follows:

         WHEREAS,

         1. This action involves the real property commonly known as 8209 Lauderdale Court, Las Vegas, Nevada 89128, and more particularly described as:

LOT 3 IN BLOCK 1 OF BISCAYNE BAY AS SHOWN BY MAP THEREOF ON FILE IN BOOK 40 OF PLATS, PAGE 46, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

         Assessor's Parcel Number: 138-16-314-030 (hereinafter, the "Property").

         2. Robert Dorazio ("Dorazio") obtained title to the Property as a single man via a Grant, Bargain, Sale Deed that was recorded on April 26, 1994, as Book/Instrument No: 940426-00534 of the Official Records of Clark County, Nevada.

         3. Dorazio financed his purchase of the Property with a loan from Sahara Mortgage Corporation ("SMC") in the principal amount of $121, 400.00 ("SMC Loan").

         4. As security for repayment of the SMC Loan, Dorazio executed a first-priority Deed of Trust against the Property and in favor of SMC ("SMC Deed of Trust"), which was recorded on April 26, 1994, as Book/Instrument No: 940426-00535 of the Official Records of Clark County, Nevada.

         5. In or about March 2013, Dorazio obtained a loan from Plaintiff in the principal amount of $81, 300.00 to refinance the existing indebtedness encumbering the Property ("Refinance Loan").

         6. Repayment of the Refinance Loan was secured by a Deed of Trust that Dorazio executed against the Property and in favor of Plaintiff ("Refinance Deed of Trust"), which was recorded on March 19, 2013, as Instrument No: 201303190000067 of the Official Records of Clark County, Nevada.

         7. Escrow for the Refinance Loan closed on or about March 11, 2013, and loan proceeds were utilized to pay off in full all prior indebtedness encumbering the Property so that the Refinance Deed of Trust would occupy a first-priority lien position ...


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