United States District Court, D. Nevada
FEDERAL HOME LOAN MORTGAGE CORPORATION, WELLS FARGO BANK, N.A., Plaintiffs,
T-SHACK, INC., et al., Defendants.
before the court is plaintiffs Federal Home Loan Mortgage
Corporation's (“Freddie Mac”) and Wells Fargo
Bank, N.A.'s (“Wells Fargo”) motion for
summary judgment. (ECF No. 22). Defendants High Noon at
Arlington Ranch Homeowners Association (“the
HOA”) and T-Shack, Inc., filed responses (ECF Nos. 31,
34), to which plaintiffs filed a reply, (ECF No. 54).
before the court is defendant HOA's motion to dismiss.
(ECF No. 14). Plaintiffs filed a response (ECF No. 21), to
which defendant replied (ECF No. 23).
before the court is plaintiffs' motion for
reconsideration of Magistrate Judge Leen's order denying
plaintiffs' motion to stay discovery pending resolution
of the motion for summary judgment. (ECF No. 53). Defendants
have not filed a response, and the time for doing so has
action involves the parties' interests in real property
located at 8679 Tom Noon Avenue, #102, Las Vegas, Nevada,
89178 (“the property”). (ECF No. 1).
Plaintiff's interest in the property
September 9, 2005, Kathleen Price obtained a loan from DHI
Mortgage Company, Ltd. (“DHI”) for $211, 599 to
purchase the property. Id. On September 30, 2005,
Price obtained title to the property via a grant, bargain,
and sale deed, which was recorded on September 30, 2005.
Id. Price executed a promissory note in favor of
DHI, as well as a deed of trust to secure repayment of the
loan. Id. The deed of trust, recorded on September
30, 2005, listed DHI 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.
Freddie Mac alleges that it “subsequently”
acquired ownership of the loan, including the note and deed
of trust. (ECF No. 1). Plaintiff attached a copy of a
printout from its MIDAS system pertaining to its purchase of
the loan to its motion for summary judgment. See
(ECF No. 22-1). Pursuant to the printout, plaintiff Freddie
Mac acquired an ownership interest on October 27, 2005.
January 27, 2010, a corporate assignment of deed of trust was
executed, naming Wells Fargo as beneficiary. Id.
Wells Fargo is the authorized servicer of the loan for
Freddie Mac. Id.
Defendants' interest in the property
September 20, 2012, Alessi & Koenig, LLC
(“Alessi”), on behalf of the HOA, recorded a lien
for delinquent assessments, asserting an outstanding amount
owed as of August 24, 2012, of $2, 587.76. Id. On
January 1, 2013, Alessi recorded a notice of default and
election to sell, asserting an outstanding amount owed as of
December 26, 2012, of $3, 252.76. Id. On October 22,
2013, Alessi recorded a notice of trustee's sale, setting
a sale date of November 20, 2013. Id. On November
20, 2013, the HOA allegedly foreclosed against the property.
Id. T-Shack, Inc. allegedly purchased an interest in
the property at the foreclosure sale for $5, 588.
Id. The trustees deed upon sale was recorded on
November 26, 2013. Id.
challenges defendants' conduct surrounding the November
20, 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
Motion for ...