United States District Court, D. Nevada
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).
action involves the parties' interests in real property
located at 3085 Casey Drive, Unit 201, Las Vegas, Nevada,
89120 (“the property”). (ECF No. 35).
Plaintiff's interest in the property
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. Id.
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.
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.
Defendants' interest in the property
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.
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
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).
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 ...