Filed: Dec. 20, 2018
Latest Update: Dec. 20, 2018
Summary: DISMISS WITH PREJUDICE STIPULATION AND ORDER TO MIRANDA M. DU , District Judge . Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-defendant, Wells Fargo Bank, N.A., as Trustee, on Behalf of the Holders of Structured Asset Mortgage Investments II, Inc., Bears Sterns Mortgage Funding Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006-AR5 (the "Trustee"), Defendant/Counterclaimant SFR Investment Pools 1, LLC ("SFR"), Defendant/Third-Party Complainant Eldorado Third
Summary: DISMISS WITH PREJUDICE STIPULATION AND ORDER TO MIRANDA M. DU , District Judge . Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-defendant, Wells Fargo Bank, N.A., as Trustee, on Behalf of the Holders of Structured Asset Mortgage Investments II, Inc., Bears Sterns Mortgage Funding Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006-AR5 (the "Trustee"), Defendant/Counterclaimant SFR Investment Pools 1, LLC ("SFR"), Defendant/Third-Party Complainant Eldorado Third C..
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DISMISS WITH PREJUDICE STIPULATION AND ORDER TO
MIRANDA M. DU, District Judge.
Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-defendant, Wells Fargo Bank, N.A., as Trustee, on Behalf of the Holders of Structured Asset Mortgage Investments II, Inc., Bears Sterns Mortgage Funding Trust 2006-AR5, Mortgage Pass-Through Certificates, Series 2006-AR5 (the "Trustee"), Defendant/Counterclaimant SFR Investment Pools 1, LLC ("SFR"), Defendant/Third-Party Complainant Eldorado Third Community Association (the "Association"), and Third-Party Defendant Absolute Collection Services, LLC (collectively, the "Parties") hereby stipulate as follows:
1. This action concerns title to real property commonly known as 1309 Silent Sunset Ave., North Las Vegas, Nevada 89084 (the "Property") following a homeowner's association foreclosure sale conducted on May 15, 2012, with respect to the Property.
2. As it relates to the Parties, a dispute arose regarding that certain Deed of Trust recorded against the Property in the Official Records of Clark County, Nevada as Instrument Number 20061213-0002365 (the "Deed of Trust"), and in particular, whether the Deed of Trust continues to encumber the Property.
3. The Parties to this Stipulation have agreed to release their respective claims, and further agreed that the claims between them, including the Complaint, Counterclaim, and Third-Party Complaint, shall be DISMISSED with prejudice.
4. The Parties further stipulate and agree that the two Lis Pendens recorded against the Property in the Official Records of Clark County, Nevada, as Instruments Number 20131127-0001142, and 20170207-0001482 be, and the same hereby are, EXPUNGED.
5. The Parties further stipulate and agree that the $500 in security costs posted by Chase on July 13, 2016 pursuant to this Court's Order [ECF No. 11] shall be discharged and released to the Ballard Spahr LLP Trust Account.
6. The Parties further stipulate and agree that a copy of this Stipulation and Order may be recorded with the Clark County Recorder; and
7. Each party in this case number 2:16-cv-01069-MMD-VCF shall bear its own attorneys' fees and costs.
IT IS SO ORDERED.
