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Champery Rental Reo, LLC v. Edwards, 3:17-cv-00162-MMD-WGC. (2018)

Court: District Court, D. Nevada Number: infdco20180524e48 Visitors: 14
Filed: May 22, 2018
Latest Update: May 22, 2018
Summary: STIPULATION AND ORDER FOR (1) DISCLAIMER OF INTEREST AND (2) DISMISSAL OF CROSS-CLAIM AGAINST MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., OCWEN LOAN SERVICING, LLC AND GMAC MORTGAGE, LLC MIRANDA M. DU , District Judge . Cross-claimant, Springland Village Homeowners Association (hereinafter the "HOA"), by and through its counsel of record, Gayle A. Kern, Esq. and Karen M. Ayarbe, Esq., of the law firm Kern & Associates, Ltd.; and Cross-Defendants Mortgage Electronic Registration Systems,
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STIPULATION AND ORDER FOR (1) DISCLAIMER OF INTEREST AND (2) DISMISSAL OF CROSS-CLAIM AGAINST MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., OCWEN LOAN SERVICING, LLC AND GMAC MORTGAGE, LLC

Cross-claimant, Springland Village Homeowners Association (hereinafter the "HOA"), by and through its counsel of record, Gayle A. Kern, Esq. and Karen M. Ayarbe, Esq., of the law firm Kern & Associates, Ltd.; and Cross-Defendants Mortgage Electronic Registration Systems, Inc. ("MERS"), Ocwen Loan Servicing, LLC ("Ocwen") and GMAC Mortgage, LLC ("GMAC") by and through their counsel of record, Dana J. Nitz, Esq. and Christina V. Miller, Esq. of the law firm of Wright, Finlay & Zak, LLP; hereby stipulate and agree as follows:

WHEREAS the above-captioned action concerns the real property located at 2614 Sunny Slope Drive, #3, Sparks, Nevada 89434 and described in the HOA's Counterclaim and Cross-Claim in Interpleader [ECF No. 82] at ¶2 (the "Property");

WHEREAS the HOA filed its Counterclaim and Cross-Claim in Interpleader on March 9, 2018 [ECF No. 82], concerning excess proceeds resulting from the HOA's non-judicial foreclosure of its lien for unpaid assessments against the Property ("Excess Proceeds");

IT IS HEREBY STIPULATED AND AGREED that, pursuant to NRS 120.230, MERS, Ocwen and GMAC hereby disclaim any and all right, title, or interest in or to any or all of the Excess Proceeds and Property, or in any award from the Excess Proceeds to MERS, Ocwen or GMAC which may be ordered by the Court.

IT IS FURTHER STIPULATED AND ADGREED that MERS, Ocwen and GMAC are hereby dismissed with prejudice, with each party to bear its own fees and costs.

IT IS SO STIPULATED AND AGREED.

IT IS SO ORDERED.

Source:  Leagle

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