United States District Court, D. Nevada
before the court is plaintiff Green Tree Servicing LLC's
(“GTS”) motion for summary judgment. (ECF No.
93). Defendants Valencia Management LLC Series 4
(“Valencia”) and Silverado Court Landscape
Maintenance Association (“the HOA”) filed
responses (ECF Nos. 95, 96), and plaintiff filed a reply (ECF
before the court is defendant HOA's motion for summary
judgment. (ECF No. 103). Plaintiff filed a response (ECF No.
105), to which the HOA replied (ECF No. 115).
action involves the parties' interests in real property
located at 10784 Teton Village Court, Henderson, Nevada,
89052 (“the property”). (ECF No. 8).
Plaintiff's interest in the property
October 5, 2004, Susanna Mizrahi obtained a loan from
Republic Mortgage LLC (“RM”) for $260, 800 to
purchase the property. Id. The loan was evidenced by
a note and secured by a deed of trust. Id. Also on
October 5, 2004, Mizrahi obtained a second loan for $63, 600
from RM which was secured by a deed of trust encumbering the
property. Id. On October 27, 2004, Mizrahi obtained
title to the property via a grant, bargain, and sale deed,
recorded on that date. Id.
deed of trust, recorded on October 27, 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. (ECF
December 1, 2004, Federal National Mortgage Association
(“Fannie Mae”) obtained a property interest in
the deed of trust. (ECF No. 93-2).
22, 2012, MERS recorded a corporation assignment of deed of
trust to BAC Home Loans Servicing, LP FKA Countrywide Home
Loans Servicing, LP (“BAC”). Id.
1, 2013, plaintiff began servicing the loan on behalf of
Fannie Mae. Id. On July 30, 2013, Bank of America,
N.A. (successor by merger to BAC) recorded an assignment of
deed of trust to plaintiff. Id. Plaintiff is the
current beneficiary on the deed of trust and servicer of the
Defendants' interest in the property
April 23, 2010, Red Rock Financial Services
(“RRFS”), on behalf of the HOA, recorded a lien
for delinquent assessments, asserting an outstanding amount
owed of $666. Id. On June 28, 2010, RRFS recorded a
notice of default and election to sell. Id.
August 13, 2013, RRFS recorded a notice of foreclosure sale,
setting a sale date of February 2, 2013 and listing an amount
owed of $3, 222.01. Id. On September 10, 2013, the
HOA allegedly foreclosed against the property. Id.
Valencia was the purchaser at the foreclosure sale, and paid
$16, 200 for the property. Id.
challenges defendants' conduct surrounding the September
10, 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) quiet ...