Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: [PROPOSED] FINAL JUDGMENT ROBERT C. JONES , District Judge . Pursuant to the Court's order dated May 23, 2017 [ECF. No. 66], the Court hereby enters final judgment in this case as follows: 1. This action concerns the real property commonly known as 580 Smithridge Park, Reno, Nevada 89502, APN 025-180-39 (the Property ), more specifically described as: Parcel 1: Unit 580 of Smithridge Park Townhouses No. 4, Unit No. 1, according to the Map thereof, filed in the Office of the County Recor
Summary: [PROPOSED] FINAL JUDGMENT ROBERT C. JONES , District Judge . Pursuant to the Court's order dated May 23, 2017 [ECF. No. 66], the Court hereby enters final judgment in this case as follows: 1. This action concerns the real property commonly known as 580 Smithridge Park, Reno, Nevada 89502, APN 025-180-39 (the Property ), more specifically described as: Parcel 1: Unit 580 of Smithridge Park Townhouses No. 4, Unit No. 1, according to the Map thereof, filed in the Office of the County Record..
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[PROPOSED] FINAL JUDGMENT
ROBERT C. JONES, District Judge.
Pursuant to the Court's order dated May 23, 2017 [ECF. No. 66], the Court hereby enters final judgment in this case as follows:
1. This action concerns the real property commonly known as 580 Smithridge Park, Reno, Nevada 89502, APN 025-180-39 (the Property), more specifically described as:
Parcel 1:
Unit 580 of Smithridge Park Townhouses No. 4, Unit No. 1, according to the Map thereof, filed in the Office of the County Recorder of Washoe County, State of Nevada, on April 19, 1972, as Tract Map No. 1299.
Parcel 2:
An undivided 1/72nd interest in and to Lot 525 of Smithridge Park Townhouses No. 4, No. 1, according to the map thereof, filed in the Office of the County Recorder of Washoe County, State of Nevada, on April 19, 1972, as Tract Map No. 1299.
2. Plaintiff The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2004-2 (BNYM) is the beneficiary of a senior deed of trust recorded against the real property at issue in this case on December 23, 2003, as Instrument No. 2972594 (the Senior Deed of Trust), which secures a loan in the original amount of $104,310.00.
3. Townhouse South Association, Inc. (the HOA) foreclosed on the property on or about August 8, 2013. A foreclosure deed upon sale in favor of Thunder Properties, Inc. (Thunder) was recorded August 15, 2013, as Instrument No. 4269443.
IT IS HEREBY ORDERED:
1. The Court has granted summary judgment in BNYM's favor as to its first cause of action for quiet title and declaratory judgment. Specifically, the Court finds the HOA's foreclosure sale did not extinguish the Senior Deed of Trust held by BNYM. As a result, the title acquired by Thunder at the foreclosure sale is subject to the Senior Deed of Trust.
2. The Senior Deed of Trust remains a valid superior lien against the property and is superior to the interest held by Thunder;
3. As to the remaining claims — Breach of NRS 116.1113 (Second Cause of Action); Wrongful Foreclosure (Third Cause of Action); and Injunctive Relief (Fourth Cause of Action) — these claims are dismissed as moot. Accordingly, all claims in this case are resolved.
4. This is the final judgment of the Court, and no further order is required. Each side will bear its own fees and costs.
ORDER
IT IS SO ORDERED.
