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Nationstar Mortgage, LLC v. Grigorian

United States District Court, D. Nevada

October 18, 2017

NATIONSTAR MORTGAGE, LLC, Plaintiff,
v.
VAL GRIGORIAN, ., Defendants.

          ORDER

          JAMES C. MAHAN UNITED STATES DISTRICT JUDGE

         Presently 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.

         I. Facts and Procedure

         On or 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.

         The 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 sell. Id.

         HOA foreclosed on the property on or about October 8, 2013. Id. Alex Berezovsky purchased the property at the foreclosure sale for $5, 100. Id.

         On May 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 No. 82).

         On 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.

         Berezovsky 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.

         Berezovsky 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.

         Over a 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).

         On 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).

         On 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).

         II. ...


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