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Federal Home Loan Mortgage Corp. v. Donel

United States District Court, D. Nevada

June 22, 2017

FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff(s),
v.
BENJAMIN DONEL, Defendant(s).

          ORDER

         Presently before the court is plaintiff Federal Home Loan Mortgage Corporation's (“Freddie Mac”) motion for summary judgment. (ECF No. 25). Pro se defendant Benjamin Donel filed a response (ECF No. 26), to which Freddie Mac replied (ECF No. 27).

         I. Facts

         This case involves a dispute over real property located at 7400 W. Flamingo Road, Unit 2050, Las Vegas, Nevada 89147 (the “property”). On March 14, 2005, Colten James Rowland obtained a loan from ABN AMRO Mortgage Group, Inc. in the amount of $143, 000.00 to purchase the property, which was secured by a deed of trust recorded on March 23, 2005. (ECF No. 1).

         On September 6, 2008, pursuant to the Housing Economic Recovery Act of 2008, 12 U.S.C. § 4617 et seq. (“HERA”), Federal Housing Finance Agency's (“FHFA”) director placed Freddie Mac into conservatorship. (ECF Nos. 1 at 2; 25 at 4).

         On October 2, 2009, Alessi & Koenig, LLC (“A&K”), acting on behalf of Altair Homeowners Association (the “HOA”), recorded a notice of delinquent assessment lien, stating an amount due of $1, 398.00. (ECF No. 1). On December 1, 2009, A&K recorded a notice of default and election to sell to satisfy the delinquent assessment lien, stating an amount due of $2, 728.00. (ECF No. 1). On April 7, 2010, A&K recorded a notice of trustee's sale, stating an amount due of $3, 356.67. (ECF No. 1).

         Freddie Mac asserts that the amounts secured by the 2009 notice of lien were paid in full, but the HOA never recorded a release of the 2009 notice of lien. (ECF No. 1 at 5).

         On July 21, 2014, CitiMortgage, Inc. (“CMI”), as servicer to Freddie Mac, recorded a notice of delinquent assessment lien. (ECF No. 1 at 4). On October 27, 2014, CMI recorded a notice of trustee's sale. (ECF No. 1). A trustee's deed upon sale was recorded on November 24, 2014. (ECF No. 1).

         On November 26, 2014, A&K recorded a second notice of lien, stating an amount due of $11, 031.00. (ECF No. 1).

         A special warranty deed in Freddie Mac's favor was recorded on December 16, 2014. (ECF No. 1).

         On December 19, 2014, CMI, acting on behalf of Freddie Mac, submitted a check in the amount of $175.00 to the HOA in payment of HOA assessments for December 2014, which the HOA allegedly accepted and cashed. (ECF No. 1 at 6). On January 9, 2015, CMI submitted two checks, on behalf of Freddie Mac, to the HOA in the amounts of $1, 429.88 and $3, 551.52 for certain HOA assessments. (ECF No. 1 at 6). The HOA allegedly rejected the $1, 429.88 check, but accepted and cashed the $3, 551.52 check. (ECF No. 1 at 6).

         On January 20, 2015, A&K recorded a third notice of delinquent assessment lien, stating an amount due of $3, 392.14. (ECF No. 1 at 6).

         On February 9, 2015, the HOA recorded a release of claim of lien, releasing the 2014 notice of lien. (ECF No. 1 at 7).

         On February 21, 2015, CMI, on behalf of Freddie Mac, submitted a payment of $175.00 to the HOA for February 2015 HOA assessments, which the HOA allegedly rejected. (ECF No. 1 at 7). CMI continued to submit the same payments for March through July 2015, all of which were allegedly rejected by the HOA. (ECF No. 1 at 7).

         On March 27, 2015, A&K recorded a notice of default and election to sell under the 2015 notice of default, asserting an amount due of $4, 919.35. (ECF No. 1 at 7). On August 3, 2015, A&K recorded a notice of foreclosure ...


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