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Federal Home Loan Mortgage Corporation v. T-Shack, Inc.

United States District Court, D. Nevada

January 17, 2018

FEDERAL HOME LOAN MORTGAGE CORPORATION, WELLS FARGO BANK, N.A., Plaintiffs,
v.
T-SHACK, INC., et al., Defendants.

          ORDER

         Presently 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).

         Also 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).

         Also 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 since passed.

         I. Introduction

         This action involves the parties' interests in real property located at 8679 Tom Noon Avenue, #102, Las Vegas, Nevada, 89178 (“the property”). (ECF No. 1).

         a. Plaintiff's interest in the property

         On 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.

         Plaintiff 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. Id.

         On 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.[1] Id.

         b. Defendants' interest in the property

         On 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.

         c. Plaintiff's complaint

         Plaintiff 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 title.[2] Id.

         II. Legal Standard

         a. Motion for ...


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