United States District Court, D. Nevada
C. MAHAN UNITED STATES DISTRICT JUDGE
before the court is Val Grigorian's application for entry
of default judgment against defendants Curtis Barschdorf,
Gaye Ann Barschdorf, and Richland Holdings, Inc., dba
Acctcorp of Southern Nevada. (ECF No. 98). Grigorian asks the
court, in its default judgment, to quiet title against these
parties and declare that they have no right, title, or
interest in the subject property commonly known as 6529
Hartwood Road, Las Vegas, NV 89108, APN 138-14-412-137, and
that Grigorian has quiet title to the property
vis-à-vis these parties.
Facts and Procedure
about December 29, 2005, counterdefendants Curtis and Gaye
Ann Barschdorf purchased the property subject to this action
located at 6529 Hartwood Road, Las Vegas, 89108. (ECF No. 1).
The Barschdorfs purchased the home by way of a first mortgage
loan from Countrywide Home Loans, Inc., for $230, 800.00,
secured by a deed of trust dated November 15, 2006.
Id. The senior deed of trust was assigned to
Nationstar Mortgage, LLC via an assignment of deed of trust
executed February 28, 2013. Id.
Barschdorfs failed to pay Tanglewood HOA all amounts due and
owing to it. Id. On June 29, 2010, HOA filed a
notice of delinquent assessment lien. Id. On March
15, 2013, HOA recorded a notice of default and election to
foreclosed on the property on or about October 8, 2013.
Id. Alex Berezovsky purchased the property at the
foreclosure sale for $5, 100. Id.
13, 2015, Nationstar Mortgage, LLC filed the complaint in the
instant action against Alex Berezovsky and Tanglewood
Homeowners Association. (ECF No. 1). The parties later
substituted Alex Berezovsky for defendant Val Grigorian. (ECF
October 2, 2015, defendant Alex Berezovsky filed an answer to
Nationstar's complaint and counterclaimed quiet title
against Curtis Barschdorf, Richard Holdings, Inc. dba
Acctcorp of Southern Nevada, and Gaye Ann Barschdorf. (ECF
No. 22). Berezovsky alleged that these counterdefendants held
an interest in the property at one time, but at least since
Berezovsky purchased the property through the HOA foreclosure
sale, they no longer do. Id.
served Richland Holdings, Inc. on October 13, 2015. (ECF No.
35). Richland's answer was due by November 3, 2015.
Id. Richland never filed an answer.
served Curtis Barschdorf and Gaye Ann Barschdorf on October
11, 2015. (ECF Nos. 40, 41). Their answers were due by
December 2, 2015. (ECF Nos. 40, 41). Curtis Barschdorf and
Gaye Ann Barschdorf never filed an answer.
year later, the parties' pretrial order did not mention
the counterdefendants (the Barschdorfs and Richland) except
in the caption of the order. (ECF No. 77).
August 16, 2017, Nationstar entered a notice of settlement
indicating that Nationstar, Grigorian, and Tanglewood
“have reached a resolution of this matter and a
settlement in principal. The parties anticipate filing a
Stipulation for Dismissal of the Action, with prejudice,
within 60 days.” (ECF No. 91).
September 13, 2017-nearly two years after service of
process-Grigorian filed a motion for entry of clerk's
default with regard to Grigorian's counterclaim against
the Barschdorfs and Richland. (ECF No. 96). The next day, the
clerk entered default. (ECF No. 97). On September 18, 2017,
less than a month before the parties' scheduled trial
date, Grigorian moved for default judgment against the
counterdefendants. (ECF No. 98).