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Federal National Mortgage Association v. Aldridge, 2:15-CV-02366-JCM-GWF. (2017)

Court: District Court, D. Nevada Number: infdco20170808e12 Visitors: 12
Filed: Aug. 02, 2017
Latest Update: Aug. 02, 2017
Summary: STIPULATION FOR NON-MONETRY JUDGMENT JAMES C. MAHAN , District Judge . COMES NOW Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION 1 ("Fannie Mae") by and through its Counsel of Record, LAUREL I. HANDLEY, ESQ. and ANTHONY R. SASSI, ESQ. of ALDRIDGE PITE, LLP, and Defendant, CREATIVE SOLUTIONS 4 U, LLC ("CS4U") by and through its counsel, JARED B. JENNINGS, ESQ. of JENNINGS & FULTON, LTD., and hereby stipulate and agree as follows: IT IS HEREBY STIPULATED that Fannie Mae, not CS4U, is the
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STIPULATION FOR NON-MONETRY JUDGMENT

COMES NOW Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION1 ("Fannie Mae") by and through its Counsel of Record, LAUREL I. HANDLEY, ESQ. and ANTHONY R. SASSI, ESQ. of ALDRIDGE PITE, LLP, and Defendant, CREATIVE SOLUTIONS 4 U, LLC ("CS4U") by and through its counsel, JARED B. JENNINGS, ESQ. of JENNINGS & FULTON, LTD., and hereby stipulate and agree as follows:

IT IS HEREBY STIPULATED that Fannie Mae, not CS4U, is the current and true owner of real property commonly known as 2523 Palma Vista Avenue, Las Vegas, Nevada 89121 ("Palma Vista Property"), which is legally described as:

LOT ELEVEN (11) IN BLOCK SEVEN (7) OF FRANCISCO PARK NO. 14, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 10 OF PLATES, PAGE 36 IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

IT IS HEREBY FURTHER STIPULATED that Fannie Mae became the owner of the Palma Vista Property pursuant to a Trustee's Deed Upon Sale, which was recorded on June 9, 2015 in the Official Records of Clark County, Nevada as Instrument No. 201506090000667.

IT IS HEREBY FURTHER STIPULATED that Fannie Mae has not conveyed, deeded, or otherwise transferred title to the Palma Vista Property since it obtained title to the Palma Vista Property.

IT IS HEREBY FURTHER STIPULATED that a Quitclaim Deed was recorded in the Official Records of Clark County, Nevada on September 18, 2015, as Instrument 201509180001334 ("Palma Vista Quitclaim Deed"), which purported to convey title to the Palma Vista Property to "Pastor Earnest C. Aldridge, a Corporate Sole" ("Aldridge").

IT IS HEREBY FURTHER STIPULATED that subsequently a Grant, Bargain, Sale Deed was recorded in the Official Records of Clark County, Nevada on September 25, 2015, as Instrument No. 201512080003905 ("Palma Vista GBS Deed") that purported to convey title to the Palma Vista Property from Aldridge to CS4U.

IT IS HEREBY FURTHER STIPULATED that Geri McKinnon ("McKinnon")2, acting on behalf of CS4U, agreed to acquire the Palma Vista Property from Aldridge, and to that end CS4U accepted the Palma Vista GBS Deed, based on representation from Willis and Aldridge to McKinnon that the Palma Vista Quitclaim Deed was valid, that Aldridge held title to the Palma Vista Property, and that Aldridge could convey title to the Palma Vista Property to CS4U.

IT IS HEREBY FURTHER STIPULATED that McKinnon subsequently learned that these representations were false in that Fannie Mae never conveyed or authorized any conveyance of the Palma Vista Property to Aldridge such that Aldridge never had the right or authority to convey title to the Palma Vista Property to CS4U.3IT IS HEREBY FURTHER STIPULATED that Fannie Mae did not authorize any conveyance of the Palma Vista Property and further that the Palma Vista Quitclaim Deed was not executed by Fannie Mae or an agent authorized to act on behalf of Fannie Mae.

IT IS HEREBY FURTHER STIPULATED that, as a result the Palma Vista Quitclaim Deed did not convey title to the Palma Vista Property to Aldridge, and Aldridge never obtained any right, title, or interest in the Palma Vista Property.

IT IS HEREBY FURTHER STIPULATED that, because title to the Palma Vista Property was never transferred to Aldridge, the Palma Vista GBS Deed did not convey title to the Palma Vista Property to CS4U.

IT IS HEREBY FURTHER STIPULATED that CS4U never obtained any right, title, or interest in the Palma Vista Property, and it does not now claim an interest of any kind in the Palma Vista Property.

IT IS HEREBY FURTHER STIPULATED that the Palma Vista Quitclaim Deed was invalid and should be declared void ab initio, invalid, of no force and effect, and be expunged from the public record.

IT IS HEREBY FURTHER STIPULATED that the Palma Vista GBS Deed was invalid and should be declared void ab initio, invalid, of no force and effect, and be expunged from the public record.

IT IS HEREBY FURTHER STIPULATED that title to the Palma Vista Property should be quieted in the name of Federal National Mortgage Association.

IT IS HEREBY FURTHER STIPULATED that Fannie Mae, not CS4U, is the current and true owner of real property commonly known as 5654 Thunder Spirit Street, Las Vegas, Nevada 89148 ("Thunder Spirit Property"), which is legally described as:

LOT 6 OF RUSSELL/GRAND CANYON, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 118 OF PLATES, PAGE 85 IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

IT IS HEREBY FURTHER STIPULATED that Fannie Mae became the owner of the Thunder Spirit Property pursuant to a Trustee's Deed Upon Sale, which was recorded in the Official Records of Clark County, Nevada as Instrument No. 201508070000314 on August 7, 2015.

IT IS HEREBY FURTHER STIPULATED that Fannie Mae has not, conveyed, deeded, or otherwise transferred title to the Thunder Spirit Property since it obtained title to the Thunder Spirit Property.

IT IS HEREBY FURTHER STIPULATED that a Quitclaim Deed was recorded in the Official Records of Clark County, Nevada on September 8, 2015, as Instrument 201509080002087 ("Thunder Spirit Quitclaim Deed"), which purported to convey title to the Thunder Spirit Property to Aldridge.

IT IS HEREBY FURTHER STIPULATED that a Grant, Bargain, Sale Deed was recorded in the Official Records of Clark County, Nevada on September 18, 2015, as Instrument No. 201509180001381 ("Thunder Spirit GBS Deed") that purported to convey title to the Thunder Spirit Property from Aldridge to CS4U.

IT IS HEREBY FURTHER STIPULATED that McKinnon, again acting on behalf of CS4U, agreed to acquire the Thunder Spirit Property from Aldridge, and to that end accepted the Thunder Spirit GBS Deed, based on representation from Willis and Aldridge to McKinnon that the Thunder Spirit Quitclaim Deed was valid, that Aldridge held title to the Thunder Spirit Property, and that Aldridge could convey title to the Thunder Spirit Property to CS4U.

IT IS HEREBY FURTHER STIPULATED that McKinnon subsequently learned that these representations were false in that Fannie Mae never conveyed or authorized any conveyance of the Thunder Spirit Property to Aldridge such that Aldridge never had the right or authority to convey title to the Thunder Spirit Property to CS4U.

IT IS HEREBY FURTHER STIPULATED that Fannie Mae did not authorize any conveyance of the Thunder Spirit Property and further that the Thunder Spirit Quitclaim Deed was not executed by Fannie Mae or an agent authorized to act on behalf of Fannie Mae.

IT IS HEREBY FURTHER STIPULATED that, as a result the Thunder Spirit Quitclaim Deed did not convey title to the Thunder Spirit Property to Aldridge, and Aldridge never obtained any right, title, or interest in the Thunder Spirit Property.

IT IS HEREBY FURTHER STIPULATED that, because title to the Thunder Spirit Property was never transferred to Aldridge, the Thunder Spirit GBS Deed did not convey title to the Thunder Spirit Property to CS4U.

IT IS HEREBY FURTHER STIPULATED that CS4U never obtained any right, title, or interest in the Thunder Spirit Property, and it does not now claim an interest of any kind in the Thunder Spirit Property.

IT IS HEREBY FURTHER STIPULATED that the Thunder Spirit Quitclaim Deed was invalid and should be declared void ab initio, invalid, of no force and effect, and be expunged from the public record.

IT IS HEREBY FURTHER STIPULATED that the Thunder Spirit GBS Deed was invalid and should be declared void ab initio, invalid, of no force and effect, and be expunged from the public record.

IT IS HEREBY FURTHER STIPULATED that title to the Thunder Spirit Property should be quieted in the name of Federal National Mortgage Association.

IT IS HEREBY FURTHER STIPULATED that Fannie Mae is not seeking monetary judgment against CS4U.

IT IS HEREBY FURTHER STIPULATED that judgment should be entered in favor of Fannie Mae and against CS4U with respect to the First and Third Causes of Action (declaratory relief and quiet title respectively) alleged against CS4U in the First Amended Complaint (ECF No. 41), but only to the extent of the stipulations set forth above.

IT IS HEREBY FURTHER STIPULATED that the remaining causes of action asserted by Fannie Mae against CS4U should be dismissed with prejudice.

IT IS HEREBY FURTHER STIPULATED that the parties to this stipulation shall bear their own fees and costs as against each other.

ORDER

The Court, having considered the Stipulation between FEDERAL NATIONAL MORTGAGE ASSOCIATION4 ("Fannie Mae") and Defendant, CREATIVE SOLUTIONS 4 U, LLC ("CS4U") and good cause appearing, the Court hereby orders as follows:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Fannie Mae, not CS4U, is the current and true owner of real property commonly known as 2523 Palma Vista Avenue, Las Vegas, Nevada 89121 ("Palma Vista Property"), which is legally described as:

LOT ELEVEN (11) IN BLOCK SEVEN (7) OF FRANCISCO PARK NO. 14, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 10 OF PLATES, PAGE 36 IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Quitclaim Deed recorded in the Official Records of Clark County, Nevada on September 18, 2015 as Instrument 201509180001334, which purported to convey title to the Palma Vista Property to "Pastor Earnest C. Aldridge, a Corporate Sole," ("Aldridge") is void ab initio, invalid, of no force and effect, and is hereby expunged from the public record.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Grant, Bargain, Sale Deed recorded in the Official Records of Clark County, Nevada on September 25, 2015, as Instrument No. 201512080003905 that purported to convey title to the Palma Vista Property to CS4U is void ab initio, invalid, of no force and effect, and is hereby expunged from the public record.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that title to the Palma Vista Property is quieted in the name of Federal National Mortgage Association.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Fannie Mae, not CS4U, is the current and true owner of real property commonly known as 5654 Thunder Spirit Street, Las Vegas, Nevada 89148 ("Thunder Spirit Property"), which is legally described as:

LOT 6 OF RUSSELL/GRAND CANYON, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 118 OF PLATES, PAGE 85 IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Quitclaim Deed recorded in the Official Records of Clark County, Nevada on September 8, 2015, as Instrument 201509080002087 that purported to convey title to the Thunder Spirit Property to Aldridge is void ab initio, invalid, of no force and effect, and is hereby expunged from the public record.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Grant, Bargain, Sale Deed recorded in the Official Records of Clark County, Nevada on September 18, 2015, as Instrument No. 201509180001381, which that purported to convey title to the Thunder Spirit Property to CS4U is void ab initio, invalid, of no force and effect, and is hereby expunged from the public record.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that title to the Thunder Spirit Property is quieted in the name of Federal National Mortgage Association.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Fannie Mae is not seeking monetary judgment against CS4U.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that judgment is entered in favor of Fannie Mae and against CS4U with respect to the First and Third Causes of Action (declaratory relief and quiet title respectively) asserted against CS4U in the First Amended Complaint (ECF No. 41) as limited by the Stipulations and this Order.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the remaining causes of action asserted by Fannie Mae against CS4U in the First Amended Complaint (ECF No. 41) are dismissed with prejudice.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that that Fannie Mae and CS4U shall bear their own fees and costs as against each other.

IT IS SO ORDERED.

FootNotes


1. Unless otherwise indicated all references to Federal National Mortgage Association or Fannie Mae in this Stipulation for Judgment are to Plaintiff, the federally chartered, government sponsored enterprise known as Federal National Mortgage Association and also known as Fannie Mae, and not to any other entity using the name "Federal National Mortgage Association," including, but not limited to, the Nevada entity purportedly created by Defendant, Clarence Moses Willis.
2. Unless otherwise indicated, all references to Geri McKinnon herein are to her in her capacity as managing member of CS4U and her actions described herein were taken in such capacity.
3. Neither McKinnon nor CS4U are stipulating to having committed fraud or to participating in any conspiracy to defraud in regards to any properties or matters addressed herein.
4. Unless otherwise indicated, all references to Federal National Mortgage Association or Fannie Mae in this Order are to Plaintiff, the federally chartered, government sponsored enterprise known as Federal National Mortgage Association and also known as Fannie Mae, and not to any other entity using the name "Federal National Mortgage Association," including, but not limited to, the Nevada entity purportedly created by Defendant, Clarence Moses Willis.
Source:  Leagle

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