Filed: Nov. 21, 2018
Latest Update: Nov. 21, 2018
Summary: STIPULATION AND ORDER TO DISMISS CLAIMS BETWEEN U.S. BANK, N.A. AS TRUSTEE AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE MIRANDA M. DU , District Judge . Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant U.S. Bank National Association, as Trustee, Successor in Interest to Bank of America, National Association as Trustee, Successor by Merger to Lasalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates,
Summary: STIPULATION AND ORDER TO DISMISS CLAIMS BETWEEN U.S. BANK, N.A. AS TRUSTEE AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE MIRANDA M. DU , District Judge . Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant U.S. Bank National Association, as Trustee, Successor in Interest to Bank of America, National Association as Trustee, Successor by Merger to Lasalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, ..
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STIPULATION AND ORDER TO DISMISS CLAIMS BETWEEN U.S. BANK, N.A. AS TRUSTEE AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE
MIRANDA M. DU, District Judge.
Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant U.S. Bank National Association, as Trustee, Successor in Interest to Bank of America, National Association as Trustee, Successor by Merger to Lasalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2005-2 ("U.S. Bank") and Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC ("SFR") (collectively, the "Parties"), through their respective attorneys, stipulate as follows:
1. This action concerns title to real property commonly known as 1436 Via Savona Drive, Henderson, Nevada (the "Property") following a homeowner's association foreclosure sale conducted on July 20, 2012, 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 20041118-0003589 (the "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. As neither Edward Napier nor Carla Napier (together, the "Napiers") appeared in this action, U.S. Bank hereby voluntarily dismisses its claims against them pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).
5. This Stipulation in no way affects SFR's cross-claim against the Napiers or Chase's claim against Seven Hills Master Community Association.
6. The Parties further stipulate and agree that a copy of this Stipulation and Order may be recorded with the Clark County Recorder;
7. The Parties to this Stipulation (case number 2:16-cv-01719-MMD-CWH) shall each bear their own attorneys' fees and costs.
IT IS SO ORDERED.
