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Federal National Mortgage Association v. Canyon Willow Owners Association

United States District Court, D. Nevada

January 4, 2018

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff(s),
v.
CANYON WILLOW OWNERS ASSOCIATION, Defendant(s).

          ORDER

         Presently before the court is plaintiff Federal National Mortgage Association's (“Fannie Mae”) motion for summary judgment. (ECF No. 36). Defendants Canyon Willow Owners Association (“the HOA”) and LN Management LLC Series 2085 Casey 201 (“LN Management”) filed responses (ECF Nos. 48, 50), and Fannie Mae filed a reply (ECF No. 54).

         I. Introduction

         This action involves the parties' interests in real property located at 3085 Casey Drive, Unit 201, Las Vegas, Nevada, 89120 (“the property”). (ECF No. 35).

         a. Plaintiff's interest in the property

         On September 21, 2004, Jenny Alvarez obtained title to the property via a grant, bargain, and sale deed, recorded on October 1, 2004. Id. Also on September 21, 2004, Alvarez obtained a loan from Republic Mortgage LLC (“RM”) for $118, 400 to purchase the property. Id. Alvarez executed a promissory note in favor of RM, as well as a deed of trust to secure repayment of the loan. Id. The deed of trust, recorded on October 1, 2004, listed RM as the lender and Mortgage Electronic Registration Systems, Inc. (“MERS”) as the beneficiary solely as nominee for the lender and the lender's successors and assigns.[1] Id.

         On May 22, 2012, MERS recorded a corporate assignment of deed of trust to Green Tree Servicing, LLC (“GTS”). Id. On June 29, 2012, a substitution of trustee was recorded, appointing National Default Servicing Corporation as trustee under the deed of trust. Id.

         Alvarez subsequently failed to make her monthly mortgage payments, sending the loan into default. Id. On July 20, 2012, the trustee recorded a notice of default and election to sell under deed of trust. Id. On November 6, 2012, the trustee recorded a certificate of foreclosure from the Nevada Foreclosure Mediation Program. Id. On November 6, 2012, the trustee recorded a notice of trustee sale, setting a sale date of November 28, 2012. Id. On November 28, 2012, the trustee conducted a trustee's sale and sold the property to plaintiff. Id. On December 6, 2012, the trustee recorded a trustee's deed upon sale in favor of plaintiff. Id. Also on December 6, 2012, GTS recorded a “corporation assignment of deed of trust, ” transferring the beneficial interest in the deed of trust from GTS to plaintiff. Id.

         b. Defendants' interest in the property

         On August 8, 2012, Red Rock Financial Services (“RRFS”), on behalf of the HOA, recorded a lien for delinquent assessments, asserting an outstanding amount owed as of August 3, 2012, of $1, 446.70. Id. On September 28, 2012, RRFS recorded a notice of default and election to sell, asserting an outstanding amount owed as of September 27, 2012, of $2, 605.82. Id. On January 17, 2013, RRFS recorded a notice of foreclosure sale, setting a sale date of February 2, 2013. Id. On February 2, 2013, the HOA allegedly foreclosed against the property. Id. 3085 Casey 201 Trust was the purchaser at the foreclosure sale. Id. On May 23, 2013, Iyad Haddad, as trustee for 3085 Casey 201 Trust, quitclaimed the property for no consideration to defendant LN Management. Id.

         c. Plaintiff's complaint

         Plaintiff challenges defendants' conduct surrounding the February 2, 2013, HOA foreclosure sale and seeks to preserve its pre-sale interest in the property. Id. Plaintiff alleges the following relevant causes of action against the HOA: (1) declaratory relief under the Fifth and Fourteenth Amendments' due process clauses; and (2) quiet title.[2] Id.

         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 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 non-moving party must “set ...


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