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Wells Fargo Bank, N.A. v. Eldorado Third Community Association, 2:18-cv-01033-JCM-PAL. (2018)

Court: District Court, D. Nevada Number: infdco20181217a57 Visitors: 27
Filed: Dec. 14, 2018
Latest Update: Dec. 14, 2018
Summary: STIPULATION AND ORDER JAMES C. MAHAN , District Judge . Plaintiffs, WELLS FARGO BANK, N.A., a national banking association ("Wells Fargo"), FEDERAL NATIONAL MORTGAGE ASSOCIATION, a foreign limited liability company ("Fannie Mae"), and FEDERAL HOUSING FINANCE AGENCY, in its capacity as Conservator of Fannie Mae (hereinafter collectively "Plaintiffs"), by and through their counsel of record, Holly E. Cheong, Esq. and Leslie Hart, Esq., and Defendant, ELDORADO THIRD COMMUNITY ASSOCIATION, a Ne
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STIPULATION AND ORDER

Plaintiffs, WELLS FARGO BANK, N.A., a national banking association ("Wells Fargo"), FEDERAL NATIONAL MORTGAGE ASSOCIATION, a foreign limited liability company ("Fannie Mae"), and FEDERAL HOUSING FINANCE AGENCY, in its capacity as Conservator of Fannie Mae (hereinafter collectively "Plaintiffs"), by and through their counsel of record, Holly E. Cheong, Esq. and Leslie Hart, Esq., and Defendant, ELDORADO THIRD COMMUNITY ASSOCIATION, a Nevada non-profit corporation, ("Eldorado"), by and through its counsel, Matthew L. Grode, Esq., hereby agree and stipulate as follows:

1. This matter concerns real property located at 1933 Bluff Knoll Court, North Las Vegas, Nevada 89084, Assessor's Parcel Number 124-21-314-094 (the "Subject Property").

2. Wells Fargo is the servicer on behalf of Fannie Mae, and the beneficiary of record of a mortgage loan secured by a Deed of Trust which was recorded on or about March 30, 2010, against the Subject Property.

3. Subject to the Court's entry of this proposed Stipulation and Order, Eldorado disclaims any right, title or interest in the Subject Property apart from those rights and obligations which arise from, and/or are related to, its governing documents, including the recorded Declaration of Covenants, Conditions and Restrictions. Eldorado does not oppose the entry of an Order herein and Judgment thereon by this Court which holds that the above referenced Deed of Trust remains in full force and effect as of the date of this Stipulation and Order.

4. Plaintiffs' third cause of action for quiet title/declaratory relief is dismissed with prejudice as to Eldorado only. Plaintiffs' fourth cause of action for judicial foreclosure is dismissed without prejudice as to Eldorado only. Plaintiffs shall not seek any damages, costs, fees (including attorney's fees), or judgment against Eldorado.

5. Eldorado shall comply with all statutory requirements of Nevada Revised Statute Chapter 116 and notify Wells Fargo, or the current beneficiary of record, of any notice of default and/or notice of sale it subsequently records against the Subject Property.

IT IS SO ORDERED.

Source:  Leagle

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