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U.S. Bank N. A. v. 1727 N Lamont Trust

United States District Court, D. Nevada

April 10, 2019

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BANC OF AMERICA FUNDING 2006-D TRUST, Plaintiff,
v.
1727 N LAMONT TRUST LA MONTANA HOMEOWNERS ASSOCIATION. Defendants.

          MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 DONNA M. WITTIG, ESQ. Nevada Bar No. 11015 Akerman LLP Attorneys for Plaintiff U.S. Bank National Association, as Trustee for the Banc of America Funding 2006-D Trust

          LEACH KERN GRUCHOW ANDERSON SONG RYAN D. HASTINGS, ESQ. Nevada Bar No. 12394 Attorneys for Defendant La Montana Homeowners Association

          HOA LAWYERS GROUP, LLC STEVEN T. LOIZZI, JR., ESQ. Nevada Bar No. 10920 Attorneys for 1727 N Lamont Trust

          STIPULATION AND ORDER FOR DISMISSAL OF PLAINTIFF'S CLAIMS AGAINST DEFENDANTS ECF NO. 56

          U.S. DISTRICT JUDGE JENNIFER A. DORSEY

         Plaintiff U.S. Bank National Association, as Trustee for the Banc of America Funding 2006-D Trust (U.S. Bank); defendant La Montana Homeowners Association (La Montana), and defendant 1727 N. Lamont Trust (Lamont Trust) stipulate as follows:

         1. This matter relates to real property located at 1727 N. Lamont Street, Las Vegas, Nevada 89115, APN 140-20-814-010 (the property). The property is more specifically described as:

LOT TEN (10) OF LAMONTANA, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 86 OF PLATS, PAGE 27, IN THE OFFICE OF THE COUNTY RECORDER, CLARK COUNTY, NEVADA.

         2. U.S. Bank is the record beneficiary of a deed of trust encumbering the property recorded on December 28, 2005 as instrument number 20051228-0001508 with the Clark County Recorder's Office.

         3. On or October 8, 2014, a trustee's deed upon sale was recorded as instrument number 20141008-0004063 with the Clark County Recorder, reflecting that La Montana purchased the property at a foreclosure sale of its own lien on March 6, 2013.

         4. On October 30, 2014, a Quitclaim Deed was recorded as instrument number 20141030-0001849 with the Clark County Recorder, reflecting that La Montana conveyed any interest it had in the property to Lamont Trust.

         5. On March 1, 2016, U.S. Bank filed this action against Lamont Trust and La Montana asserting La Montana's foreclosure of its lien and the HOA foreclosure deed did not extinguish the deed of trust.

         6. Lamont Trust agrees the deed of trust recorded on December 28, 2005 in Clark County Recorder's office as instrument number 20051228-0001508 continues to encumber the property and remains a valid lien in first position.

         7. Lamont Trust agrees it will not contest the foreclosure of ...


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