Filed: May 30, 2018
Latest Update: May 30, 2018
Summary: STIPULATION AND ORDER TO DISMISS DEFENDANT RANCHO LAS BRISAS MASTER HOMEOWNERS ASSOCIATION JAMES C. MAHAN , District Judge . Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff CITIBANK, N.A. AS INDENTURE TRUSTEE ON BEHALF OF THE HOLDERS OF BEAR STEARNS ARM TRUST 2007-2, MORTGAGE-BACKED NOTES, SERIES 2007-2 (hereinafter "Citibank") and Defendant RANCHO LAS BRISAS MASTER HOMEOWNERS ASSOCIATION (hereinafter "Rancho Las Brisas"), (collectively, the "Parties"), by and through their res
Summary: STIPULATION AND ORDER TO DISMISS DEFENDANT RANCHO LAS BRISAS MASTER HOMEOWNERS ASSOCIATION JAMES C. MAHAN , District Judge . Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff CITIBANK, N.A. AS INDENTURE TRUSTEE ON BEHALF OF THE HOLDERS OF BEAR STEARNS ARM TRUST 2007-2, MORTGAGE-BACKED NOTES, SERIES 2007-2 (hereinafter "Citibank") and Defendant RANCHO LAS BRISAS MASTER HOMEOWNERS ASSOCIATION (hereinafter "Rancho Las Brisas"), (collectively, the "Parties"), by and through their resp..
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STIPULATION AND ORDER TO DISMISS DEFENDANT RANCHO LAS BRISAS MASTER HOMEOWNERS ASSOCIATION
JAMES C. MAHAN, District Judge.
Pursuant to Federal Rule of Civil Procedure 41(a), Plaintiff CITIBANK, N.A. AS INDENTURE TRUSTEE ON BEHALF OF THE HOLDERS OF BEAR STEARNS ARM TRUST 2007-2, MORTGAGE-BACKED NOTES, SERIES 2007-2 (hereinafter "Citibank") and Defendant RANCHO LAS BRISAS MASTER HOMEOWNERS ASSOCIATION (hereinafter "Rancho Las Brisas"), (collectively, the "Parties"), by and through their respective counsel of record, hereby stipulate as follows:
1. On April 26, 2018, Plaintiff Citibank filed its Complaint in this action naming Las Brisas and SFR Investments Pool 1, LLC as defendants related to a homeowners association foreclosure sale of real property located at 4826 Willow Glen Drive, Las Vegas, Nevada 89147; APN 163-21-419-011 (hereinafter "Property").
2. The Parties hereby agree that Citibank's claims against Rancho Las Brisas shall be dismissed with prejudice, and Citibank and Rancho Las Brisas shall each bear its own costs and fees related to this litigation.
3. The Parties further agree that Rancho Las Brisas does not take a position regarding whether the December 11, — lien foreclosure sale extinguished Citibank's interest in the deed of trust.
4. Rancho Las Brisas asserts that it does not have a current interest in title to the Property, subject to the continuing encumbrance of the CC&Rs.
5. This dismissal does not affect any rights, claims or defenses of Citibank or Rancho Las Brisas with respect to any other party related to the foreclosure sale of the Property.
IT IS SO STIPULATED.
ORDER
Based on the foregoing stipulation, and good cause appearing,
IT IS ORDERED that Defendant Rancho Las Brisas Master Homeowners Association is hereby dismissed from this case with prejudice.
IT IS FURTHER ORDERED that Rancho Las Brisas has no present interest in title to the Property, subject to the continuing encumbrance of the CC&Rs.
IT IS FURTHER ORDERED that each party shall bear its own attorneys' fees and costs.
IT IS FURTHER ORDERED that this dismissal does not affect any rights, claims or defenses of Citibank or Rancho Las Brisas with respect to any other party related to the foreclosure sale of the Property.
IT IS SO ORDERED.
