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Ditech Financial LLC v. Starfire Condominium Owners' Association

United States District Court, D. Nevada

May 8, 2019

DITECH FINANCIAL LLC FKA GREEN TREE SERVICING, LLC and FEDERAL NATIONAL MORTGAGE ASSOCIATION, a government sponsored enterprise; Plaintiff,
v.
STARFIRE CONDOMINIUM OWNERS' ASSOCIATION; CHANGE YOUR LIFE, LLC; and ALESSI & KOENIG, LLC; Defendants.

          DARREN T. BRENNER, ESQ., REX D. GARNER, ESQ., Akerman LLP Attorneys for Plaintiffs Ditech Financial LLC fka Green Tree Servicing, LLC and Federal National Mortgage Association.

          STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING VALIDITY OF DEED OF TRUST ECF NO. 48

          Jennifer A. Dorsey U.S. District Judge.

         Plaintiffs Federal National Mortgage Association ("Fannie Mae") and Ditech Financial LLC f/k/a Green Tree Servicing, LLC ("Ditech") and defendants Starfire Condominium Owners Association ("Starfire) and Change Your Life, LLC ("CYL"), being the only remaining parties to have appeared in this action, through their counsel of record, stipulate as follows:

         1. This matter relates to real property located 8725 West Flamingo Road, Unit 133, Las Veagas, Nevada 89147, APN 163-20-513-065 (the "Property"). The Property is more specifically described as:

A Condominium Composed of:
Parcel I (Common Elements):
One (1) allocated interest (except Association Property) as tenant-in-common in the Common Elements within Phase 4 of Starfire Luxury Condominiums 1. as shown by map "Plat" thereof on file recorded on June 27, 1997 in Book 80 of Plats, Page 35, Clark County, Nevada Records, and amended by Map thereof filed on April 09, 1999, in Book 89, Page 33, Clark County, Nevada Records, and further amended by Map thereof filed on August 24, 1999, in book 91, Page 2, Clark County, Nevada Recorder, hereinafter "Plat." As Phases are annexed, the Allocated Interest for each Unit will always be a fraction, the numerator of which will be One (1), the unit and the denominator, of which will be the total of all Units in all Phases that become subject to the Declaration.
EXCEPTING THEREFROM the following:
All Living Units and Association Property in Phase 4 of the Plat.
AND RESERVING THEREFROM:
The right to possession of all those areas designated as Limited Common Elements as shown upon the Plat referred to above; AND FURTHER RESERVING THEREFROM for the benefit of the Owners of Condominiums in subsequent phases when annexed, non-exclusive easements for ingress, egress, and recreational use on, over, and across the Common Elements shown upon the Plat.
Parcel II (Living Unit):
Living Unit 133 in Building 7 as shown upon the Plat.
Parcel III (Limited Common Elements/Special ...

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