United States District Court, D. Nevada
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff,
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.
& 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.
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:
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
Together with a right of way and easements over and across
the common areas and private streets as delineated on said
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).
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
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.
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
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