United States District Court, D. Nevada
AKERMAN LLP DARREN T. BRENNER, ESQ. WILLIAM S. HABDAS, ESQ.
ATTORNEYS FOR NATIONSTAR MORTGAGE LLC
REES SCULLY MANSUKHANI LLP ROBERT S. LARSEN, ESQ. WING YAN
WONG, ESQ. ATTORNEYS FOR INDEPENDENCE II HOMEOWNERS'
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE OF
CLAIMS AGAINST INDEPENDENCE II HOMEOWNERS ASSOCIATION ECF
NOS. 71, 106
JENNIFER A. DORSEY U.S. DISTRICT JUDGE
Nationstar Mortgage LLC (“Nationstar”) and
Independence II Homeowners Association
(Independence), by and through their
undersigned counsel, stipulate as follows:
matter relates to real property located 9229 Millikan Avenue,
Las Vegas, Nevada 89148 (the Property). The
Property is more specifically described as:
Parcel I: Lot 502 in Block 1 of Quartersprings Unit 1
as shown by map thereof on file in Book 114 of Plats, Page 94
in the Office of the County Recorder, Clark County,
Parcel II: An easement for ingress and egress over
private streets and common areas as shown and delineated on
October 12, 2012, Nevada Association Services, Inc.
(“NAS”) recorded a Foreclosure Deed as Instrument
Number 201210120001109 of the Official Records of Clark
County, Nevada (the HOA Foreclosure Deed),
reflecting that Millikan Avenue Trust acquired the Property
at the foreclosure sale of the Property held October 5, 2012
(the HOA Foreclosure Sale). Millikan Avenue
Trust subsequently transferred its interest in the Property
to Saticoy Bay LLC, Series 9229 Millikan Avenue, by deed
recorded with the Clark County Records as Instrument No.
November 11, 2015, Nationstar initiated a quiet title action
related to the Property in the United States District Court,
District of Nevada, Case No. 2:15-cv-02151-JAD-NJK (the
Quiet Title Action), seeking a declaration
that Nationstar's interest in the Deed of Trust, recorded
against the Property as Instrument No. 20050225-0003327
(“Deed of Trust”), was not extinguished by the
HOA Foreclosure Sale.
Nationstar and Independence have entered into a confidential
settlement agreement in which they have settled all claims
between them in this case.
Among other things in the settlement agreement, Independence
agrees it no longer has an interest in the Property for
purposes of the Quiet Title Action vis a vis the
Deed of Trust. This disclaimer of interest does not apply to
the continuing encumbrance of Independence's declaration
of covenants, conditions and restrictions, any governing
documents adopted thereunder, easements, servitudes, or other
interests on the Property. Independence further agrees it
will take no position in this action regarding whether the
Deed of Trust survived the HOA Foreclosure Sale.
Nationstar does not waive its right to seek relief against
the non-settling Parties, including but not limited to
Saticoy Bay, LLC Series 9229 Millikan Avenue related to its
remaining claims in the Quiet Title Action. Nationstar does
not admit the Deed of Trust was extinguished, and any
consideration exchanged in exchange for the dismissal of the
claims against Independence is not intended to be
compensation for any loss of the Deed of Trust.
Nationstar and Independence further stipulate and agree all
claims between them are dismissed with prejudice, with each