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Bayview Loan Servicing, LLC v. Alessi & Koenig, LLC

United States District Court, D. Nevada

March 24, 2014

BAYVIEW LOAN SERVICING, LLC, Plaintiff,
v.
ALESSI & KOENIG, LLC et al., Defendants

For Bayview Loan Servicing, LLC, Plaintiff: Daniel I Singer, LEAD ATTORNEY, Singer and Ventura LLP, San Diego, CA; Benjamin D. Petiprin, Law Offices of Les Zieve, Las Vegas, NV.

For SFR Investments Pool 1, LLC, Defendant: Howard C. Kim, Jacqueline A. Gilbert, Victoria Hightower, LEAD ATTORNEYS, Diana S. Cline, Howard Kim & Associates, Henderson, NV; Benjamin D. Petiprin, Law Offices of Les Zieve, Las Vegas, NV.

For SFR Investments, LLC, Defendant: Benjamin D. Petiprin, Law Offices of Les Zieve, Las Vegas, NV.

For SFR Investments Pool 1, LLC, ThirdParty Plaintiff: Howard C. Kim, Jacqueline A. Gilbert, Victoria Hightower, LEAD ATTORNEYS, Diana S. Cline, Howard Kim & Associates, Henderson, NV; Benjamin D. Petiprin, Law Offices of Les Zieve, Las Vegas, NV.

For SFR Investments Pool 1, LLC, Counter Claimant: Howard C. Kim, Victoria Hightower, LEAD ATTORNEYS, Jacqueline A. Gilbert, Diana S. Cline, Howard Kim & Associates, Henderson, NV; Benjamin D. Petiprin, Law Offices of Les Zieve, Las Vegas, NV.

For Bayview Loan Servicing, LLC, Counter Defendant: Daniel I Singer, LEAD ATTORNEY, Singer and Ventura LLP, San Diego, CA; Benjamin D. Petiprin, Law Offices of Les Zieve, Las Vegas, NV.

OPINION

Page 1219

ORDER

ROBERT C. JONES, United States District Judge.

This quiet title action arises out of the foreclosure of a lien for delinquent homeowner's association (" HOA" ) fees. Third-party Defendant Jesus Simiano (" Borrower" ) gave Third-party Defendant Silver State Financial Services (" Lender" ) a promissory note for $176,000, secured by a deed of trust (" DOT" ), to refinance real property located at 5124 Lost Canyon Dr., North Las Vegas, NV 89031 (the " Property" ). (Compl. ¶ 9, Jan. 30, 2013, ECF No. 1; DOT 1-3, July 27, 2004, ECF No. 1, at 9). Mortgage Electronic Registration Systems, Inc. (" MERS" ) was the beneficiary of the DOT and Lender's nominee for the purpose of transferring the beneficial interest in the promissory note. ( See DOT 1-3). MERS later assigned both its own interest in the DOT and Lender's interest in the promissory note to Plaintiff Bayview Loan Servicing, LLC (" Bayview" ). (Compl. ¶ 10; see Assignment, Apr. 14, 2010, ECF No. 1, at 27).

Defendant Alessi & Koenig, LLC (" A& K" ) later caused to be recorded a Notice of Delinquent Assessment (Lien) (" NODA" ) against the Property on behalf of Defendant Hometown Ovation Owners Association (" HOOA" ) based upon $3391.58 in delinquent fees, assessments, interest, late fees, service charges, and collection costs. (Compl. ¶ 13; see NODA, Feb. 6, 2012, ECF No. 1, at 29). A& K then caused to be recorded a Notice of Default and Election to Sell Under Homeowners Association Lien (" NOD" ) against the Property on behalf of HOOA, alleging a total of $3541.58 in delinquencies. (Compl. ¶ 14; see NOD, Mar. 12, 2012, ECF No. 1, at 31). A& K then caused to be recorded a Notice of Trustee's Sale (" NOS" ) as to the Property on behalf of HOOA, indicating a sale for December 5, 2012 based upon a total delinquency of $4386.06. (Compl. ¶ 15; see NOS, Oct. 22, 2012, ECF No. 1, at 33).

Bayview contacted A& K concerning the NOS, and A& K postponed the sale until January 16, 2013. (Compl. ¶ 16). Bayview alleges it tendered the full amount due to A& K several times before that date, but that A& K refused to accept payment. ( See id. ¶ ¶ 17-18). A& K sold the Property at the instruction of HOOA at the January 16, 2013 foreclosure sale to Defendant SFR Investments Pool 1, LLC (" SFR Pool 1" ) or Defendant SFR Investments, LLC (" SFR" ) (collectively, " SFR Defendants" ) for approximately $10,000. ( Id. ¶ ¶ 19, 22). SFR later contacted Bayview and communicated its position that the sale had extinguished Bayview's DOT. ( Id. ¶ 23).

Bayview sued A& K, HOOA, and SFR Defendants in this Court on two causes of action: (1) ...


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