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U.S. Bank National Association v. Allessi & Koenig, LLC

United States District Court, D. Nevada

September 3, 2019

U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE FOR PROF-2013-S3 LEGAL TITLE TRUST IV, a national bank, Plaintiff,
v.
ALESSI & KOENIG, LLC., a Nevada limited liability company; HIGHLAND RANCH HOMEOWNERS ASSOCIATION, a Nevada corporation; THUNDER PROPERTIES, INC., a Nevada corporation; DAYTON P. ROSS, an individual; DOES 1 through 10, inclusive, and ROES 1 through 10, inclusive, Defendants.

          WRIGHT, FINLAY & ZAK, LLP, Dana Jonathon Nitz, Esq. Nevada Bar No. 0050, Paterno C. Jurani, Esq. Nevada Bar No. 8136 Attorneys for Plaintiff U.S. Bank National Association, as Legal Title Trustee for PROF- 2013-S3 Legal Title Trust IV

          LEACH KERN GRUCHOW ANDERSON SONG, Gayle A. Kern, Esq. Nevada Bar No. 1620 Karen M. Ayarbe, Esq. Nevada Bar No. 3358 Attorneys for Defendant, Highland Ranch Homeowners Association

          ROGER P. CROTEAU & ASSOCIATES, LTD., Roger P. Croteau, Esq. Nevada Bar No. 4958, Timothy R. Rhoda, Esq. Nevada Bar No. 7878 Attorneys for Defendant, Thunder Properties, Inc.

          STIPULATION AND ORDER TO DISMISS PURSUANT TO SETTLEMENT WITH PREJUDICE

         Plaintiff, U.S. Bank National Association, as Legal Title Trustee for PROF-2013-S3 Legal Title Trust IV (“Plaintiff” or “U.S. Bank”), Defendant, Thunder Properties, Inc. (“Thunder”), and Defendant, Highland Ranch Homeowners Association (“Highland Ranch”) (collectively, the “Parties”), by and through their respective attorneys of record, hereby stipulate and agree as follows:

         WHEREAS:

         1. The real property which is the subject of this suit is commonly known as 6385 Mono Court, Sun Valley, Nevada 89433; APN: 508-211-15 (“Property”) and is part of the Stipulation and Order to Dismiss Pursuant to Settlement; No. 3:17-cv-00122-MMD-VPC Highland Ranch Homeowners Association;

         2. Borrower, Dayton P. Ross (“Borrower”), executed a Note to finance purchase of the Property, the repayment of which was secured by a Deed of Trust recorded against the Property as Document Number 3729254 in the official records of the Washoe County Recorder's Office;

         3. U.S. Bank is the current beneficiary of record of the Deed of Trust;

         4. On December 28, 2012, a Notice of Delinquent Assessment Lien was recorded against the Property by Alessi & Koenig, LLC (“A&K”) on behalf of Highland Ranch;

         5. On June 5, 2013, a Notice of Default and Election to Sell Under Homeowners Association Lien was recorded against the Property by A&K on behalf of Highland Ranch;

         6. On November 18, 2013, a Notice of Trustee's Sale was recorded against the Property by A&K on behalf of Highland Ranch;

         7. A&K sold the Property on behalf of Highland Ranch on December 19, 2013 (“HOA Sale”) to LVDG LLC Series 172 (“LVDG”), shown by the Trustee's Deed Upon Sale recorded as Document Number 4314196 in the official records of the Washoe County Recorder;

         8. On July 22, 2015, a Grant Deed was recorded as Document Number 4494580 in the official records of the Washoe County Recorder, wherein the Property was transferred to Thunder;

         9. On February 24, 2017, U.S. Bank filed a Complaint for Quiet Title against Thunder, ...


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