United States District Court, D. Nevada
BALLARD SPAHR LLP Abran E. Vigil, Esq. Russell J. Burke, Kyle
A. Ewing, Attorneys for JPMorgan Chase Bank, N.A.
GILBERT EBRON, Diana Cline Ebron, Jacqueline A. Gilbert,
Karen L. Hanks, Attorneys for SFR Investments Pool 1, LLC
CLARKSON LAW GROUP, P.C., Matthew J. McAlonis, Esq. Attorney
for Montagne Marron Community Association
JOINT STIPULATION AND ORDER TO STAY
AND ORDER TO STAY LITIGATION
JPMorgan Chase Bank, N.A. (“Chase”),
Defendant/Counterclaimant/Cross-Claimaint SFR Investments
Pool I, LLC (“SFR”), and Defendant Montagne
Marron Community Association (the “HOA”)
(collectively, the “Parties”), hereby stipulate
and agree as follows:
is a quiet title action arising from a homeowners'
association foreclosure sale (the “Sale”) of
residential property located at 11208 Lavandou Drive, Las
Vegas, Nevada (the “Property”).
Alessi & Koenig, LLC, as agent for the HOA, conducted the
Sale pursuant to NRS Chapter 116.
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
contends the Sale extinguished the deed of trust as a matter
Chase added the HOA as a necessary party to the action due to
its role in the Sale.
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.
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
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
Parties request a stay of litigation to allow the United
States Supreme Court to address the ...