Filed: Mar. 20, 2019
Latest Update: Mar. 20, 2019
Summary: STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED OF TRUST GLORIA M. NAVARRO , Chief District Judge . Ocwen Loan Servicing, LLC ("Ocwen"), Federal National Mortgage Association ("Fannie Mae") (collectively "Plaintiffs"); Oscar and Miriam Martinez (collectively the "Martinezs"); and Desert Inn Mobile Family Estates Owners Association (the "HOA"), through their counsel of record, stipulate as follows: 1. This matter relates to real property located 3499 Allegh
Summary: STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED OF TRUST GLORIA M. NAVARRO , Chief District Judge . Ocwen Loan Servicing, LLC ("Ocwen"), Federal National Mortgage Association ("Fannie Mae") (collectively "Plaintiffs"); Oscar and Miriam Martinez (collectively the "Martinezs"); and Desert Inn Mobile Family Estates Owners Association (the "HOA"), through their counsel of record, stipulate as follows: 1. This matter relates to real property located 3499 Alleghe..
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STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED OF TRUST
GLORIA M. NAVARRO, Chief District Judge.
Ocwen Loan Servicing, LLC ("Ocwen"), Federal National Mortgage Association ("Fannie Mae") (collectively "Plaintiffs"); Oscar and Miriam Martinez (collectively the "Martinezs"); and Desert Inn Mobile Family Estates Owners Association (the "HOA"), through their counsel of record, stipulate as follows:
1. This matter relates to real property located 3499 Allegheny Dr., Las Vegas, Nevada 89122, APN 161-16-210-285 (the "Property"). The Property is more specifically described as:
LOT 147, BLOCK 5 OF DESERT INN MOBILE ESTATES I, AS SHOWN BY MAP THEREOF IN PLAT BLOOK 21, PAGE 9 OF THE RECORDS OF THE COUNTY OF CLARK COUNTY, NEVADA.
2. The Deed of Trust that encumbers the Property was recorded on March 23, 2001, as Document Number 20010323-0001359, in the Official Records of Clark County, Nevada (the "Deed of Trust").
3. In December 2002, Fannie Mae acquired ownership of the Loan, including the Deed of Trust and associated note (the "Note").
4. Ocwen is the current servicer of the Loan for Fannie Mae, and in that capacity is beneficiary of record of the Deed of Trust for Fannie Mae.
5. On November 7, 2012, Nevada Association Services, Inc. ("NAS") recorded, on behalf of the HOA, a Foreclosure Deed as Instrument Number 20121107-0001244 (the "Foreclosure Deed"), which reflected that Mark Dewitt ("Dewitt") acquired the Property for the sum of $5,000 (the "HOA Sale").
6. On March 16, 2016, a Quit-Claim Deed, Instrument Number 20160316-0001867, was recorded against the Property, which identified DeWitt as the Grantor and the Martinezs as Grantees.
7. The Martinezs have not transferred their interest in the Property and are still the title holder of record.
8. On March 17, 2017, Fannie Mae and Ocwen initiated a quiet title action against the Martinezs, Dewitt and the HOA in the United States District Court, District of Nevada, Case No. 2:17-cv-00778 (the "Quiet Title Action").
9. Plaintiffs, the Martinezs and the HOA have entered a settlement agreement in which they have settled all claims between them in this case. This Stipulation and Order applies to the matters addressed in this particular case only and has no relevance to any other matter.
10. The Deed of Trust survived and was not extinguished in any capacity by the HOA Sale. The Deed of Trust remains a valid encumbrance against the Property following the recording of the Foreclosure Deed, and the Martinezs' interest in the Property is subject to the Deed of Trust.
ORDER
IT IS HEREBY ORDERED that the above Stipulation of Final Judgment Confirming Existence and Validity of Deed of Trust, (ECF No. 31), is GRANTED. IT IS FURTHER ORDERED that Plaintiffs and Defendants Desert Inn Mobile Family Estates Owners Association, Oscar Martinez, and Miriam Martinez shall have 21 days from the entry of this Order to file a stipulation of dismissal or a joint status report as to any remaining claims and defendants.
