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JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC, 2:16-cv-02198-RFB-NJK. (2018)

Court: District Court, D. Nevada Number: infdco20181228984
Filed: Dec. 27, 2018
Latest Update: Dec. 27, 2018
Summary: STIPULATION AND ORDER TO 1) DISMISS CLAIMS BETWEEN JPMORGAN CHASE BANK, N.A., VISTA RIDGE HOMEOWNERS' ASSOCIATION, AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE; AND 2 LIFT STAY ENTERED MARCH 22, 2018 RICHARD F. BOULWARE, II , District Judge . Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant JPMorgan Chase Bank, N.A. ("Chase"), Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC ("SFR") and Defendant Vista Ridge Homeowners Association ("Vista Ridge
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STIPULATION AND ORDER TO 1) DISMISS CLAIMS BETWEEN JPMORGAN CHASE BANK, N.A., VISTA RIDGE HOMEOWNERS' ASSOCIATION, AND SFR INVESTMENTS POOL 1, LLC WITH PREJUDICE; AND 2 LIFT STAY ENTERED MARCH 22, 2018

Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant JPMorgan Chase Bank, N.A. ("Chase"), Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC ("SFR") and Defendant Vista Ridge Homeowners Association ("Vista Ridge") (collectively, the "Parties"), through their respective attorneys, stipulate as follows:

1. This action concerns title to real property commonly known as 1516 Emerald Peak Avenue, Henderson, NV 89012 (the "Property") following a homeowner's association foreclosure sale conducted on September 19, 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 20050713-0002308 (the "Deed of Trust"), and in particular, whether the Deed of Trust continues to encumber the Property.

3. The Parties to this Stipulation have 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-claims against Ryan Cardella, Stephanie Norton, and Mortgage Electronic Registration Systems, Inc., a Delaware corporation, as nominee beneficiary for Countrywide Home Loans, Inc.

5. The Parties further stipulate and agree that the three Lis Pendens relating to the Property and recorded in the Official Records of Clark County, Nevada, as Instruments Number 20131209-0000611, 20161201-0002890, and 20161206-0002923 be, and the same hereby are, EXPUNGED.

6. The Parties further stipulate and agree that the $500 in security costs posted by Chase on November 1, 2016 pursuant to this Court's Order [ECF No. 14] shall be discharged and released to the Ballard Spahr LLP Trust Account.

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 22, 2018 [ECF No. 69];

9. This case shall remain open until such time as SFR resolves its pending cross-claims against Ryan Cardella, Stephanie Norton, and Mortgage Electronic Registration Systems, Inc., a Delaware corporation, as nominee beneficiary for Countrywide Home Loans, Inc., and

10. The stipulating Parties in this case number 2:16-cv-02198-RFB-NJK shall bear its own attorneys' fees and costs.

IT IS SO ORDERED.

Source:  Leagle

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