United States District Court, D. Nevada
BANK OF AMERICA, NATIONAL ASSOCIATION; and FEDERAL NATIONAL MORTGAGE ASSOCIATION, a government sponsored enterprise, Plaintiffs,
GIAVANNA HOMEOWNERS ASSOCIATION AKA THE GIAVANNA; and NEVADA ASSOCIATION SERVICES, INC.; Defendants.
AKERMAN LLP MELANIE D. MORGAN, ESQ., NICHOLAS E. BELAY, ESQ.,
Attorneys for Bank of America, N.A. and Federal National
ORME &ANTHONY EDWARD D. BOYACK, ESQ., COLLI C. MCKIEVER,
ESQ., Attorneys for Giavanna Homeowners Association.
STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING
VALIDITY OF DEED OF TRUST
P. GORDON UNITED STATES DISTRICT JUDGE.
Bank of America, N.A. (BANA) and Federal National Mortgage
Association (Fannie Mae) and defendant Giavanna Homeowners
Association aka the Giavanna (Giavanna), the only parties to
have appeared in this matter, through their counsel of
record, stipulate as follows:
1. This matter relates to real property located at 3648
Lakeside Villas Avenue, North Las Vegas, Nevada, 89081, APN
123-31-112-061 (the Property). The Property is more
specifically described as:
LOT 236 OF FINAL MAP OF RUNVEE HOBART UNIT 2A, AS SHOWN BY
MAP THEREOF ON FILE IN BOOK 124 OF PLATS, PAGE 11, IN THE
OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA
2. BANA, on Fannie Mae's behalf, is the beneficiary of
record of a Deed of Trust that encumbers the Property and was
recorded on August 31, 2007, as Instrument No.
20070831-0003807 (the Deed of Trust).
3. On April 15, 2011, Giavanna recorded a Foreclosure Deed as
Instrument No. 201104150000243 (the HOA Foreclosure Deed),
reflecting that Giavanna purchased the Property at a
foreclosure sale of the Property held on April 1, 2011 (the
4. Giavanna has not transferred its interest and is currently
the title holder of record.
5. On December 2, 2016, BANA and Fannie Mae initiated an
action for quiet title and damages against Giavanna and
Nevada Association Services, Inc. (NAS) in the United States
District Court, District of Nevada, No.
6. BANA, Fannie Mae, and Giavanna have agreed to a resolution
of all claims against Giavanna and NAS.
7. The parties have agreed as part of their settlement that
the Deed of Trust survived and was not extinguished in any
capacity by the HOA Sale or the recording of the HOA
Foreclosure Deed. The Deed of Trust remains a valid
encumbrance against the Property following the recording of
the HOA Foreclosure Deed, and Giavanna's interest in the
Property is subject to the Deed of Trust. This stipulation is
made for purposes of this action only and is not a waiver by
any Party of its legal position in any other case or an
admission of liability in this or any other action.
8. Based on this stipulation, BANA stipulates to dismissing
its breach of NRS 116.1113 and wrongful foreclosure claims