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Nationstar Mortgage LLC v. Rainbow Bend Homeowners Association

United States District Court, D. Nevada

August 28, 2019

NATIONSTAR MORTGAGE LLC.; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiffs,
v.
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 Association

          LIPSON 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

         Plaintiffs Nationstar Mortgage LLC (Nationstar) and Federal National Mortgage Association (Fannie Mae) and defendant Rainbow Bend Homeowners Association (Rainbow Bend) stipulate:

         1. This matter relates to real property located at 239 Rue de la Chartreuse, Sparks, Nevada (property), APN 003-544-19, described as:

PARCEL 1:
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.
PARCEL 2:
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. 70661.
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.
APN 003-544-19

         2. 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.

         3. On 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 deed).

         4. On 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.

         5. On 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 ...


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