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Bank of America, N.A. v. Forest Hills Homeowners Association, Inc.

United States District Court, D. Nevada

September 20, 2019

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff,
v.
FOREST HILLS HOMEOWNERS ASSOCIATION, INC.; and ALESSI & KOENIG, LLC, Defendants.

          Akerman LLP, DARREN T. BRENNER, ESQ. Nevada Bar No. 8386 WILLIAM S. HABDAS, ESQ. Nevada Bar No. 13138 Attorneys for plaintiff Bank of America, N.A.

          TYSON & MENDES LLP, THOMAS E. MCGRATH, ESQ. Nevada Bar No. 7086 MARGARET E. SCHMIDT, ESQ. Nevada Bar No. 12489 Attorneys for defendant Forest Hills Homeowner's Association, Inc.

          STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED OF TRUST AND FOR DISMISSAL OF CLAIMS WITH PREJUDICE

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         Plaintiff Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (BANA) and defendant Forest Hills Homeowner's Association, Inc. (Forest Hills) stipulate as follows:

1. This matter relates to real property located at 3912 Landsdown Place, Las Vegas, Nevada 89121, APN 161-18-812-003, more specifically described as:
PARCEL I:
Lot ninety-six (96) in Block Sixteen (16) of Forest Hills Unit 3, as shown by Map thereof on file in Book 24 of Plats, Page 70, in the Office of the County Recorder of Clark County, Nevada.
PARCEL II:
Together with a right of way and easements over and across the common areas and private streets as delineated on said plat.

         2. BANA is the beneficiary of record of a deed of trust encumbering the property dated February 20, 2009 and recorded with the Clark County Recorder on February 25, 2009, as Instrument No. 20090225-0005245 (the deed of trust).

         3. On March 25, 2014, Forest Hills recorded a trustee's deed upon sale with the Clark County Recorder, as Instrument No. 20140325-0001632 (the HOA foreclosure deed), reflecting Forest Hills purchased the property at a foreclosure sale conducted by Alessi & Koenig, LLC (Alessi) on August 28, 2013 (the HOA sale). Forest Hills has not transferred its interest in the property and is still the title holder of record.

         4. On March 9, 2016, BANA initiated a quiet title action against Forest Hills and Alessi in the United States District Court for the District of Nevada, under No. 2:16-cv-00520-RFB-NJK.

         5. BANA and Forest Hills have entered into a confidential settlement agreement in which they have settled all claims between them in this case. This stipulation and order applies to the matters addressed in this particular case only and has no relevance to any other matter. Moreover, nothing in this stipulation shall be construed as an admission of the facts or legal conclusions at issue in this action, or as an admission of liability by any party, which liability is expressly denied.

         6. BANA and Forest Hills stipulate and agree that judgment for quiet title shall be entered in favor of BANA. The deed of trust survived and was not extinguished in any capacity by the HOA sale. The deed of trust remains a valid encumbrance against the property following the recordation of the HOA foreclosure ...


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