United States District Court, D. Nevada
NATIONSTAR MORTGAGE LLC.; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiffs,
RAINBOW BEND HOMEOWNERS ASSOCIATION; PHIL FRINK & ASSOCIATES, INC.; and ROSEMARIE AUSTIN, an individual, Defendants.
AKERMAN LLP, ARIEL E. STERN, ESQ. Nevada Bar No. 8276,
WILLIAM S. HABDAS, ESQ. Nevada Bar No. 13138 Attorneys for
Nationstar Mortgage LLC and Federal National Mortgage
NEILSON P.C., KALEB D. ANDERSON, ESQ. Nevada Bar No. 7582,
DAVID OCHOA, ESQ. Nevada Bar No. 10414 Attorneys for Rainbow
Bend Homeowners Association
STIPULATION TO DISMISS RAINBOW BEND HOMEOWNERS
ASSOCIATION AND STIPULATED ORDER OF PARTIAL JUDGMENT
Nationstar Mortgage LLC (Nationstar) and
Federal National Mortgage Association (Fannie
Mae) and defendant Rainbow Bend Homeowners
Association (Rainbow Bend) stipulate:
matter relates to real property located at 239 Rue de la
Chartreuse, Sparks, Nevada (property), APN
003-544-19, described as:
LOT 239 OF RAINBOW BEND SUBDIVISION (A PLANNED UNIT
DEVELOPMENT) ACCORDING TO THE MAP THEREOF, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF STOREY COUNTY, STATE OF
NEVADA, ON NOVEMBER 6, 1992, UNDER FILE NO. 70473.
AN UNDIVIDED INTEREST IN THE COMMON AREA AS DEFINED AND
DELINEATED IN THE DECLARATION OF COVENANTS AND RESTRICTIONS
FOR RAINBOW BEND RECORDED DECEMBER 17, 2991 UNDER FILE NO.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR USE AND ENJOYMENT
IN, TO, AND THROUGHOUT THE COMMON AREA AND FOR INGRESS,
EGRESS, AND SUPPORT OVER AND THROUGH THE COMMON AREA.
Nationstar, on behalf of Federal National Mortgage
Association (Fannie Mae), is the beneficiary
of record of a deed of trust encumbering the property
recorded on November 22, 1993 with the Storey County
Recorder's Office as Instrument No. 072836.
December 31, 2012, Rainbow Bend recorded a trustee's deed
as Instrument No. 0117776 with the Storey County Recorder,
reflecting Rainbow Bend purchased the property at a
foreclosure sale it conducted through its trustee, Phil Frink
& Associates, Inc. held on November 30, 2012. Rainbow
Bend subsequently transferred its interest in the Property to
Rosemarie Austin by deed recorded with the Storey County
Records as Instrument No. 0121391 (the foreclosure
December 16, 2014, a quitclaim deed was recorded with the
Storey County Recorder, as Instrument No. 121991, reflecting
Rainbow Bend's interest in the property had been conveyed
to defendant Rosemarie Austin.
June 14, 2017, Nationstar and Fannie Mae filed this action
against Rainbow Bend, Phil Frink & Associations, Inc.,
and Rosemarie Austin asserting Rainbow Bend's foreclosure
of its lien ...