Opinion
2:22-cv-01027-MMD-EJY
02-10-2023
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., Nevada Bar No. 11220, Attorneys for BELLE ESPRIT HOMEO WNERS A SSOCIATION. Jason M. Frierson, Esq. Nevada Bar No.: 7709 Stephen R. Hanson, II, Esq., Attorney for United States on behalf of the Internal Revenue Service (“IRS”). ZBS LAW, LLP, Stephen Dolembo, Esq., Nevada Bar No.: 9795, 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”)
Marquis Aurbach, Cody S. Mounteer, Esq., Nevada Bar No. 11220, Attorneys for BELLE ESPRIT HOMEO WNERS A SSOCIATION.
Jason M. Frierson, Esq. Nevada Bar No.: 7709 Stephen R. Hanson, II, Esq., Attorney for United States on behalf of the Internal Revenue Service (“IRS”).
ZBS LAW, LLP, Stephen Dolembo, Esq., Nevada Bar No.: 9795, 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”)
AMENDED 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 STIPULATED ANG AGREED that each of the PARTIES have valid legitimate claims to the ONE HUNDRED TWENTY-THREE THOUSAND THREE HUNDRED 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 16.05640867% |
| HOA | $17,838.35 | $14,443.7111.71334863% |
| BANK | $110,000.00 | $89,067.01 72.2302427% |
IT IS HEREBY STIPULATED AND AGREED by the PARTIES that interest shall be distributed evenly between the remaining PARTIES at 33.33% each and the interest must be disbursed as specified.
IT IS HEREBY STIPULATED AND AGREED by the PARTIES that disbursement should be made payable to and mailed to the following:
1. Party: BELLE ESPRIT HOMEOWNERS ASSOCIATION, a Domestic Non Profit Corporation
Payable to: Marquis Aurbach Trust Account
Mailing address: Marquis Aurbach
10001 Park Run Dr.
Las Vegas, NV 89145
2. Party: INTERNAL REVENUE SERVICE, a Government Agency Payable to: U.S. Department of the Treasury
Mailing Address: I.R.S.
M/S 5021PHX
4041 N. Central Avenue
Phoenix, AZ 85012
3. Party: 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
Payable to: The Bank of New York Mellon f/k/a 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
Mailing Address: ZBS Law, LLP
c/o Sara Hunsaker
9435 W. Russell Rd. Suite 120
Las Vegas, NV 89 148
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 ORDERD.