Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Nationstar Mortgage, LLC v. Giavanna Homeowners Association

United States District Court, D. Nevada

March 1, 2017

NATIONSTAR MORTGAGE LLC, Plaintiff,
v.
GIAVANNA HOMEOWNERS ASSOCIATION; and SFR INVESTMENTS POOL 1, LLC; DOE INDIVIDUALS I-X; and ROE CORPORATIONS I-X, inclusive, Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross Claimant,
v.
NATIONSTAR MORTGAGE LLC, a Delaware limited liability company; BANK OF AMERICA, N.A., a national association; JONI MCGRIFF HOWARD, an individual; and KENYON HOWARD, an individual, Counter/Cross Defendants.

          MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 TENESA S. SCATURRO, ESQ. Nevada Bar No. 12488 Akerman LLP Attorneys for plaintiff and counter-defendant Nationstar Mortgage LLC and cross-defendant Bank of America, N.A.

          DIANA CLINE EBRON, ESQ. Nevada Bar No. 10580 JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 KAREN L. HANKS, ESQ. Nevada Bar No. 9578 KIM GILBERT EBRON Attorneys for defendant, counterclaimant and cross-claimant SFR Investments Pool 1, LLC

          [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART NATIONSTAR MORTGAGE LLC'S EMERGENCYMOTIONFOR PROTECTION FROM ITS 30(b)(6) DEPOSITION AND MOTION FOR SANCTIONS [ECF NO. 59]

          HONORABLE CARL W. HOFFMAN, UNITED STATES MAGISTRATE JUDGE

         Plaintiff and counter-defendant Nationstar Mortgage LLC's emergency motion for protection from its Rule 30(b)(6) deposition and motion for sanctions, ECF No. 59, came on for hearing on November 30, 2016, at 9:00 a.m. Natalie Winslow appeared for Nationstar and Diana Cline Ebron appeared for defendant, counter- and cross-claimant SFR Investments Pool 1, LLC. After reviewing the parties' briefing, noting Nationstar's motions present identical issues to a motion CitiMortgage, Inc. filed in CitiMortgage, Inc. v. Mission Hills Homeowners Ass'n, Case No. 2:16-cv-374-JCM-CWH, and hearing from counsel, the Court finds as follows:

1. SFR's topic 1 requests testimony on:
Your knowledge of the events and circumstances of the proceedings leading up to and including the Association foreclosure sale, including Your knowledge/notice of the foreclosure proceedings (from the Association or otherwise) and all communications about the Association lien/foreclosure/Borrowers' delinquency with Your agents, the Borrowers, the Association, NAS and/or internally.

This topic should be limited to testimony regarding Nationstar and its predecessor's efforts to tender the super-priority portion of Giavanna Homeowner Association's lien.

2. SFR's topic 2 requests testimony on:
Your standing-currently and at the time of the Association foreclosure sale-to enforce the First Deed of Trust/underlying promissory note and the transaction(s) through which You obtained your interest in the First Deed of Trust/underlying promissory note.

This topic should be limited to testimony regarding Nationstar's interest in the First Deed of Trust.

3. SFR's topic 3 requests testimony on:
All actions You allege You took before the Association foreclosure sale to protect Your interest in the Property as it relates to the Association's lien including written agreement(s) with the Borrowers, communications with the Borrowers, communications with the Association/NAS, attendance at the sale, any payments made to the Association/NAS and civil/administrative actions challenging the Association's lien.

This topic should be protected because it is redundant of SFR's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.