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Deutsche Bank National Trust Co. v. Williamsburg Townehomes Homeowners Association

United States District Court, D. Nevada

May 29, 2019

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES, INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-R2, Plaintiff,
v.
WILLIAMSBURG TOWNEHOMES HOMEOWNERS ASSOCIATION; RENO PROPERTY MANAGEMENT; and ROE CORPORATIONS X-XX, Defendants. AND ALL RELATED CLAIMS

          WRIGHT, FINLAY & ZAK, LLP Christina V. Miller, Esq. Nevada Bar No. 12448 Joseph A. Dragon, Esq. Nevada Bar No. 13682 Attorneys for Plaintiff, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2

          TYSON & MENDES, LLP Christopher A. Lung, Esq. Thomas E. McGrath, Esq. Nevada Bar No. 7086 Christopher A. Lund, Esq. Nevada Bar No. 12435 Attorneys for Defendant Williamsburg Townehomes Homeowners Association

          STIPULATION AND ORDER OF FINAL JUDGMENT FOR QUIET TITLE

         Plaintiff, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R2 (hereinafter “Deutsche Bank” or “Plaintiff”)), by and through its attorneys of record, Christina V. Miller, Esq. and Joseph A. Dragon, Esq., of the law firm of Wright, Finlay & Zak, LLP; and Defendants Williamsburg Townhomes Homeowners Association (the “HOA”) and Reno Property Management, by and through their attorneys of record, Thomas E. McGrath, Esq. and Christopher A. Lund, Esq., of the law firm of Tyson & Mendes, LLP, hereby jointly agree, stipulate, and authorize entry of a stipulated judgment as follows:

         WHEREAS, Ocwen Loan Servicing, LLC (“Ocwen”) is the servicing agent and attorney-in-fact for Deutsche Bank, the beneficiary of a Deed of Trust encumbering real property located at 483 Beacon Hill Ct., #14B, Sparks, Nevada 89431, with APN: 033-291-29 (hereinafter, the “Property”), and legally described as:

PARCEL 1:
Unit No. 7 of Building No. 3 of WILLIAMBURG TOWNEHOMES, A CONDOMINIUM DEVELOPMENT, filed in the office of the County Recorder of Washoe County, State of Nevada, on September 1, 1971, as Tract Map No. 1248.
PARCEL 2:
An undivided 1/39'h interest in the remaining Common Area of WILLIAMSBURG TOWNEHOMES, A CONDOMINIUM SUBDIVISION, as shown on the plat thereof, filed in the office of the County Recorder of Washoe County, State of Nevada, on September I, 1971, as File No. 217427, and any amendments thereof Excluding theretrom all that portion reverted to acreage by Tract Map No. 1618, recorded December 28. 1976, as Document No. 441462. and Tract Map No. 2098, recorded July I 5, 1983, as Document No. 866984.
PARCEL3:
The exclusive right to use the Restricted Common Area appurtenant to Unit No. 7 Building No. 3 as shown on the map of WILLIAMSBURG TOWNHOMES or as set forth in the Amended Declaration of Covenants, Conditions and Restrictions for Williamsburg Townhomes filed in the office of the County Recorder of Washoe Cow1ty, State of Nevada, as File No.1174807, Official Records.
PARCEL4:

         The non-exclusive easements to use the Common Area as set forth in the above described Amended Declaration of Covenants, Conditions and Restrictions or in the above-described Condominium Map. APN: 033-291-29 WHEREAS, the HOA was the association that foreclosed on the Property.

         WHEREAS, on or about May 22, 2002, Herbert Bennett and Madelyn Bennett (collectively “Bennett”) purchased the Property via a Grant Bargain and Sale Deed conveying the Property to Bennett, recorded against the Property on May 31, 2002, with the Washoe County Recorder's Office as Document Number 2694391.

         WHEREAS, Bennet executed a promissory note in the amount of $126, 000.00 payable to Ameriquest ...


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