Opinion
2:22-cv-01027-MMD-EJY
01-30-2023
NATIONAL DEFAULT SERVICING CORPORATION, Plaintiff, v. VICTOR MAESTAZ, an unmarried man; REAL TIME RESOLUTIONS, INC., a Foreign Corporation; THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE, ON BEHALF OF THE CERTIFICATEHOLDERS OF THE CWHEQ INC., CWHEQ REVOLVING HOME EQUITY LOAN TRUST, SERIES 2006-H, a Foreign Business Corporation; BELLE ESPRIT HOMEOWNERS ASSOCIATION, a Domestic Nonprofit Corporation; INTERNAL REVENUE SERVICE, a Government Agency; and DOES 1 through 10 and ROE BUSINESS ENTITIES 1 through 10, inclusive, Defendant.
Marquis Aurbach Cody S. Mounteer, Esq. Attorneys for BELLE ESPRIT HOMEOWNERS ASSOCIATION ZBS LAW, LLP J. Stephen Dolembo, Esq. Attorneys for Defendants Real Time Resolutions, Inc. and The Bank Of New York Mellon fka The Bank Of New York, as Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee, on behalf of the Certificateholders of the CWHEQ Inc., CWHEQ Revolving Home Equity Loan Trust, Series 2006-H (“BANK”) Jason M. Frierson, Esq. Stephen R. Hanson, II, Esq. Attorney for United States on behalf of the Internal Revenue Service (“IRS”)
Marquis Aurbach
Cody S. Mounteer, Esq.
Attorneys for BELLE ESPRIT HOMEOWNERS ASSOCIATION
ZBS LAW, LLP
J. Stephen Dolembo, Esq.
Attorneys for Defendants Real Time Resolutions, Inc. and The Bank Of New York Mellon fka The Bank Of New York, as Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee, on behalf of the Certificateholders of the CWHEQ Inc., CWHEQ Revolving Home Equity Loan Trust, Series 2006-H (“BANK”)
Jason M. Frierson, Esq.
Stephen R. Hanson, II, Esq.
Attorney for United States on behalf of the Internal Revenue Service (“IRS”)
STIPULATION REGARDING THE DISTRIBUTION OF THE EXCESS PROCEEDS ON DEPOSIT WITH THE COURT
IT IS HEREBY STIPULATED AND AGREED by and between the remaining parties to this action: Defendant Belle Esprit Homeowners Association (“HOA”); Defendant United States on behalf of the Internal Revenue Service (“IRS”); and Defendants Real Time Resolutions, Inc. and The Bank Of New York Mellon fka The Bank Of New York, as Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee, on behalf of the Certificate holders of the CWHEQ Inc., CWHEQ Revolving Home Equity Loan Trust, Series 2006-H “BANK”) (collectively “PARTIES” or “PARTY”), by and through undersigned and respective counsel of record, hereby stipulate and agree as follows:
IT IS HEREBY STIPULATED AND AGREED that the IRS, HOA and BANK are the remaining parties to this action;
IT IS HEREBY STIPULTED ANG AGREED that each of the PARTIES have valid legitimate claims to the ONE HUNDRED TWENTY THREE THOUSAND THREE UNDRED NINE DOLLARS AND EIGHTY-SIX CENTS (US $123,309.86) that was cash deposited with the Court by the Plaintiff (“DEPOSITED FUNDS”), who was previously released and discharged from this action;
IT IS HEREBY STIPULATED AND AGREED that the PARTIES have agreed to a resolution and settlement of their respective allegations and defenses at issue herein;
IT IS HEREBY STIPULATED AND AGREED that the DEPOSITED FUNDS shall be released and disbursed to the PARTIES based on a pro-rata basis of their respective monetary claims as follows:
PARTY
Monetary Claim (Principal Amount)
Pro-Rata Amount to be Released / Disbursed out of the $123,309.86
IRS
$24,452.43
$19,799.14
HOA
$17,838.35
$14,443.71
BANK
$110,000.00
$89,067.01
IT IS HEREBY STIPULATED AND AGREED that after the DEPOSITED FUNDS are released and disbursed to the PARTIES, there are no other outstanding issues or claims to be resolved or need be addressed by the Court; and, thus, this action may be closed.
ORDER
IT IS SO ORDER.