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U.S. Bank, N.A. v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

July 5, 2017

U.S. BANK, N.A., Plaintiffs,
v.
SFR INVESTMENTS POOL 1, LLC, Defendants.

          ORDER

         Presently 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).

         I. Facts

         This 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 No. 1).

         On 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).

         On 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).

         On 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).

         On 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).

         On 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).

         On 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).

         On July 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).

         In the instant motion, SFR moves for partial summary judgment on an issue of law. (ECF No. 44).

         II. Legal Standard

         The 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).

         For 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 ...


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