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Bank of America, National Association v. Giavanna Homeowners Association

United States District Court, D. Nevada

December 16, 2019

BANK OF AMERICA, NATIONAL ASSOCIATION; and FEDERAL NATIONAL MORTGAGE ASSOCIATION, a government sponsored enterprise, Plaintiffs,
v.
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 Mortgage Association.

          BOYACK 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

          ANDREW P. GORDON UNITED STATES DISTRICT JUDGE.

         Plaintiffs 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 HOA Sale).
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. 2:16-cv-02763-APG-EJY.
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 against ...

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