Filed: Oct. 16, 2018
Latest Update: Oct. 16, 2018
Summary: STIPULATION AND ORDER TO 1) DISMISS CLAIMS BETWEEN JPMORGAN CHASE BANK, N.A., WILLOWS HOMEOWNERS' ASSOCIATION, AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE; AND 2) LIFT STAY ENTERED MARCH 20, 2018 GLORIA M. NAVARRO , Chief District Judge . Pursuant to Local Rules LR IA 6-2 and LR 26-4, Plaintiff/Counter-Defendant JPMorgan Chase Bank, N.A. ("Chase"), Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC ("SFR") and Defendant The Willows Homeowners' Association ("The Willows"
Summary: STIPULATION AND ORDER TO 1) DISMISS CLAIMS BETWEEN JPMORGAN CHASE BANK, N.A., WILLOWS HOMEOWNERS' ASSOCIATION, AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE; AND 2) LIFT STAY ENTERED MARCH 20, 2018 GLORIA M. NAVARRO , Chief District Judge . Pursuant to Local Rules LR IA 6-2 and LR 26-4, Plaintiff/Counter-Defendant JPMorgan Chase Bank, N.A. ("Chase"), Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC ("SFR") and Defendant The Willows Homeowners' Association ("The Willows")..
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STIPULATION AND ORDER TO 1) DISMISS CLAIMS BETWEEN JPMORGAN CHASE BANK, N.A., WILLOWS HOMEOWNERS' ASSOCIATION, AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE; AND 2) LIFT STAY ENTERED MARCH 20, 2018
GLORIA M. NAVARRO, Chief District Judge.
Pursuant to Local Rules LR IA 6-2 and LR 26-4, Plaintiff/Counter-Defendant JPMorgan Chase Bank, N.A. ("Chase"), Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC ("SFR") and Defendant The Willows Homeowners' Association ("The Willows"), through their respective attorneys, stipulate as follows:
1. This action concerns title to real property commonly known as 701 Taliput Palm Place in Henderson, Nevada ("Property") following a homeowner's association foreclosure sale conducted on May 14, 2013, with respect to the Property.
2. As it relates to the Parties, a dispute arose regarding that certain Deed of Trust recorded against the Property in the Official Records of Clark County, Nevada as Instrument Number 20071130-0001688 ("Deed of Trust"), and in particular, whether the Deed of Trust continues to encumber the Property.
3. The Parties to this Stipulation have settled and agreed to release their respective claims, and further agreed that the claims between them, including the Complaint and Counterclaim, shall be DISMISSED with prejudice.
4. This Stipulation in no way affects SFR's Cross-claim against Daniel A. Richard (the "former unit owner").
5. The Parties further stipulate and agree that the $500 in security costs posted by Chase on June 23, 2017 pursuant to this Court's Order [ECF No. 19] shall be discharged and released to the Ballard Spahr LLP Trust Account.
6. The Parties further stipulate and agree that the three Lis Pendens recorded against the Property in the Official Records of Clark County, Nevada, as Instruments Number 20131206-0000049 and 20170331-0002804, 20170807-0001658 be, and the same hereby are, EXPUNGED.
7. The Parties further stipulate and agree that a copy of this Stipulation and Order may be recorded with the Clark County Recorder.
8. The Parties further agree to lift the stay entered March 20, 2018 [ECF No. 57];
9. This case shall remain open until such time as SFR resolves its pending cross-claim against the former unit owner; and
10. Each party in this case number 2:17-CV-00324-GMN-PAL shall bear its own attorneys' fees and costs.
ORDER
IT IS SO ORDERED.
