United States District Court, D. Nevada
U.S. BANK, N.A., Plaintiffs,
SFR INVESTMENTS POOL 1, LLC, Defendants.
before the court is defendant SFR Investments Pool, LLC's
(“SFR”) motion for partial summary judgment. (ECF
No. 44). Crossdefendant Mortgage Electronic Registration
Systems, Inc. (“MERS”) (ECF No. 52) and plaintiff
U.S. Bank, N.A. (“US Bank”) (ECF No. 53) filed
responses, to which SFR replied (ECF Nos. 56, 57).
case involves a dispute over real property located at 2830
Bridleton Avenue, North Las Vegas, Nevada 89081 (the
“property”). On July 21, 2005, Vichearith Khuon
obtained a loan in the amount of $276, 150.00 from
crossdefendant Universal American Mortgage Company, LLC
(“UAMC”) to purchase the property, which was
secured by a deed of trust recorded on July 25, 2005. (ECF
November 17, 2009, Alessi & Koenig, LLC
(“A&K”), acting on behalf of Azure Manor
Rancho De Paz Homeowner Association (the “HOA”),
recorded a notice of delinquent assessment lien. (ECF No. 1).
On January 14, 2010, A&K recorded a notice of default and
election to sell to satisfy the delinquent assessment lien.
(ECF No. 1).
February 8, 2010, A&K recorded another notice of default
and election to sell to satisfy the delinquent assessment
lien. (ECF No. 1). On September 16, 2010, A&K recorded a
notice of trustee's sale. (ECF No. 1).
November 9, 2010, A&K faxed Bank of America, N.A.
(“BANA”) a copy of a payoff for the HOA lien.
(ECF No. 1 at 5). On November 22, 2010, BANA wired $495.00 to
Miles, Bauer, Bergstrom, Winters LLP to pay the superpriority
lien. (ECF Nos. 1 at 5; 23 at 14).
December 13, 2011, MERS executed an assignment of deed of
trust, which was recorded on December 15, 2011, assigning the
deed of trust to U.S. Bank. (ECF No. 1 at 3).
August 14, 2012, A&K recorded another notice of
trustee's sale. (ECF No. 1 at 4). On September 12, 2012,
SFR purchased the property at the foreclosure sale for $7,
500.00. (ECF No. 1). A trustee's deed upon sale in favor
of SFR was recorded on September 24, 2012. (ECF No. 1).
August 11, 2015, U.S. Bank filed the underlying complaint,
alleging two causes of action: (1) quiet title/declaratory
judgment against SFR; and (2) injunctive relief against SFR.
(ECF No. 1).
7, 2016, SFR filed a counterclaim against U.S. Bank and a
crossclaim against MERS, UAMC, and Khuon for quiet title and
declaratory relief, injunctive relief, and slander of title
(against U.S. Bank). (ECF No. 23).
instant motion, SFR moves for partial summary judgment on an
issue of law. (ECF No. 44).
Federal Rules of Civil Procedure allow summary judgment when
the pleadings, depositions, answers to interrogatories, and
admissions on file, together with the affidavits, if any,
show that “there is no genuine dispute as to any
material fact and the movant is entitled to a judgment as a
matter of law.” Fed.R.Civ.P. 56(a). A principal purpose
of summary judgment is “to isolate and dispose of
factually unsupported claims.” Celotex Corp. v.
Catrett, 477 U.S. 317, 323-24 (1986).
purposes of summary judgment, disputed factual issues should
be construed in favor of the non-moving party. Lujan v.
Nat'l Wildlife Fed., 497 U.S. 871, 888 (1990).
However, to be entitled to a denial of summary judgment, the
nonmoving party must “set ...