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JPMorgan Chase Bank, N.A. v. Las Vegas Development Group, LLC

United States District Court, D. Nevada

April 13, 2017

JPMORGAN CHASE BANK, N.A., a national banking association, For Itself and As Successor By Merger To Chase Home Finance LLC, Plaintiff,
v.
LAS VEGAS DEVELOPMENT GROUP, LLC, a Nevada limited liability company; HACIENDA NORTH HOMEOWNERS' ASSOCIATION, a Nevada non-profit corporation, Defendants.

          MADDOX, ISAACSON & CISNEROS, LLP Barbara M. McDonald Troy L. Isaacson, Esq. Nevada Bar No. 6690 Barbara M. McDonald, Esq. Nevada Bar 11651 Attorneys for Defendant Hacienda North Homeowners' Association.

          BALLARD SPAHR LLP Russell J. Burke Abran E. Vigil, Esq. Nevada Bar No. 7548 Russell J. Burke, Esq. Nevada Bar No. 12710 Kyle A. Ewing Nevada Bar No. 14051 Attorneys for Plaintiff JPMorgan Chase Bank, N.A.

          ROGER P. CROTEAU & ASSOCIATES Timothy E. Rhoda Roger P. Croteau Esq. Nevada Bar No. 4958 Timothy E. Rhode, Esq. Nevada Bar No. 7878 Attorneys for Defendant Las Vegas Development Group.

          STIPULATION AND ORDER STAYING LITIGATION

         Plaintiff JPMorgan Chase Bank, N.A., a National Banking Association, for itself and as Successor by Merger to Chase Home Finance LLC (“Chase”), Defendant Las Vegas Development Group, LLC (“LVDG”), and Defendant Hacienda North Homeowners' Association (the “HOA”) (collectively, the “Parties”) hereby stipulate and agree as follows:

         1. This is a quiet title action arising from a homeowners' association foreclosure sale (the “Sale”) of residential property located at 5272 Fire Night Ave, Las Vegas, NV 89122 (the “Property”).

         2. Absolute Collection Services, LLC, as agent for the HOA, conducted the Sale pursuant to NRS Chapter 116.

         3. Chase alleges it is the beneficiary of a deed of trust recorded against the Property. Chase contends that the deed of trust survived the Sale or, alternatively, that the Sale was void.

         4. LVDG contends the Sale extinguished the deed of trust as a matter of law.

         5. Chase argues, among other things, that the notice provisions of NRS Chapter 116 are facially unconstitutional under the Due Process Clause of the Fourteenth Amendment.

         6. In Bourne Valley Court Trust v. Wells Fargo Bank, NA, 832 F.3d 1154 (9th Cir. 2016), the Ninth Circuit Court of Appeals accepted this argument and held that Chapter 116's notice provisions facially violate due process by requiring purported junior lienholders to “opt in” for notice of a homeowners' association foreclosure sale.

         7. In Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortg., 388 P.3d 970, 972 (Nev. 2017), the Nevada Supreme Court disagreed with Bourne Valley by holding that a foreclosure sale under Chapter 116 does not involve sufficient state action to implicate the Due Process Clause of the Fourteenth Amendment. See Id. The non-prevailing party in Bourne Valley petitioned the United States Supreme Court for certiorari on or about April 5, 2017, the non-prevailing party in Saticoy Bay has indicated that it will also file for a writ of certiorari.

         8. The Parties request a stay of litigation to allow the United States Supreme Court to address the certiorari petitions in Bourne Valley and Saticoy Bay.

         9. Several judges in this district have stayed similar cases pending the exhaustion of all appeals before the United States Supreme Court. E.g., Nationstar Mtg. LLC v. Green Valley S. Owners Assoc., No. 2:16-cv-00883-GMN-GWF (D. Nev., Oct. 5, 2016); Bank of America, N.A. v. Canyon Willow Trop Owners' Assoc., No. 2:16-cv-01327-GMN-VCF (D. Nev. Oct. 26, 2016); Deutsche Bank Nat'l Trust Co. v. Copper Sands HOA, No. 2:16-cv-00763-JAD-CWH (D. Nev. Feb. 28, 2017); Ditech Financial Services, LLC v. Highland Ranch Homeowners Assoc., No. 3:16-cv-00194-MMD-WGC (D. Nev. Mar. 7, 2017); Wells Fargo Bank, N.A. v. Las Vegas Dev. Group, LLC, 2:16-cv-02621-RFB-NJK (D. Nev. Mar. 9, 2017).

         10. To determine if a continued stay is appropriate, the Court considers (1) any potential damage or prejudice arising from the stay; (2) any potential hardship or inequity that befalls one party more than the other as a result of the stay; and (3) the orderly course of justice. See Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, ...


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