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Bank Of New York Mellon v. Ruddell, 2:17-cv-01074-RFB-NJK. (2017)

Court: District Court, D. Nevada Number: infdco20171205b69 Visitors: 6
Filed: Dec. 04, 2017
Latest Update: Dec. 04, 2017
Summary: STIPULATION AND ORDER FOR DISCLAIMER OF INTEREST AND DISMISSAL OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. WITH PREJUDICE RICHARD F. BOULWARE, II , District Judge . Defendant/Counter/Cross-claimant, SFR INVESTMENTS POOL 1, LLC ("SFR"), Cross-defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), by and through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS, 1. SFR named MERS as a Cross-defendant in this action; 2. The property locate
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STIPULATION AND ORDER FOR DISCLAIMER OF INTEREST AND DISMISSAL OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. WITH PREJUDICE

Defendant/Counter/Cross-claimant, SFR INVESTMENTS POOL 1, LLC ("SFR"), Cross-defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), by and through their respective counsel of record, hereby stipulate and agree as follows:

WHEREAS,

1. SFR named MERS as a Cross-defendant in this action;

2. The property located at 8601 Little Fox Street, Las Vegas, Nevada 89123 ("Property"), was subject to a deed of trust recorded against the Property, on March 31, 2006, as Instrument Number 20060331-0002965 in the Official Records of the Clark County, Nevada Recorder's Office ("Deed of Trust");

3. MERS, solely as nominee for lender, Countrywide Home Loans, Inc., and its successor and assigns, was designated as the original beneficiary of the Deed of Trust;

4. On December 5, 2012, the Property was sold pursuant to a Nevada homeowners' association ("HOA") lien defined under NRS 116.3116(2);

5. MERS, as nominee for Countrywide Home Loans, Inc., its successors and assigns hereby disclaims all interest in the Deed of Trust against the Property;

8. SFR will not seek to recover costs or attorney's fees against MERS as a result of this disclaimer of interest.

IT IS HEREBY STIPULATED AND AGREED that MERS hereby disclaims any and all interest in the Deed of Trust against the Property.

IT IS FURTHER STIPULATED AND AGREED that the above-referenced matter, including all claims for relief thereto, shall be dismissed WITH PREJUDICE as against MERS.

IT IS FURTHER STIPULATED AND AGREED that nothing in this Stipulation and Order is intended to be, or will be, construed as an admission of the claims or defenses of the parties.

IT IS FURTHER STIPULATED AND AGREED that each party shall bear its own attorney's fees and costs.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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