United States District Court, D. Nevada
US BANK NATIONAL ASSOC., AS TRUSTEE FOR SRPF-2013-S3 REMIC TRUST 1, Plaintiffs,
PREMIER ONE HOLDINGS, INC.,, Defendants.
before the court is plaintiff U.S. Bank, N.A.'s
(“U.S. Bank”) motion for summary judgment. (ECF
No. 97). Defendant Premier One Holdings, Inc.'s
(“Premier”) filed a response (ECF No. 103), to
which plaintiff replied (ECF No. 101).
before the court is defendant's motion for summary
judgment. (ECF No. 99). Plaintiff filed a response (ECF No.
100), to which defendant replied (ECF No. 105).
case involves a dispute over real property located at 3151
Soaring Gulls Drive #1167, Las Vegas, Nevada, 89128 (the
“property”). On May 16, 2008, defendant Ryan
Hayes obtained a loan in the amount of $81, 707.00 from
non-party Quicken Loans, Inc., (“Quicken Loans”)
to purchase the property, which was secured by a deed of
trust recorded on May 21, 2008. (ECF No. 1).
20, 2011, beneficial interest in the deed of trust was
assigned to BAC Home Loans Servicing, LP f/k/a Countrywide
Home Loans Servicing, LP. (ECF No. 102-1).
March 17, 2014, the deed of trust was assigned to U.S. Bank
via an assignment of deed of trust recorded on May 9, 2014.
(ECF No. 1 at 22). Thereafter, the deed of trust was assigned
to the secretary of Housing and Urban Development
(“HUD”) via an assignment of deed of trust
recorded on May 28, 2014. (ECF No. 1 at 25). Subsequently, the
deed was re-assigned to U.S. Bank from the secretary of HUD
via an assignment of deed of trust recorded on June 10, 2014.
(ECF No. 1 at 27).
December 30, 2013, defendant Nevada Association Services,
Inc. (“NAS”), acting on behalf of Desert Shores
Community Association (“the HOA”), recorded a
notice of delinquent assessment lien. (ECF No. 1 at 31). On
February 20, 2014, NAS recorded a notice of default and
election to sell to satisfy the delinquent assessment lien,
stating an amount due of $3, 583.86. (ECF No. 1 at 33).
3, 2014, NAS recorded a notice of foreclosure sale, stating
an amount due of $4, 513.09. (ECF No. 1 at 37). On June 25,
2014, Premier purchased the property at the foreclosure sale
for $7, 000. (ECF No. 1 at 41). A foreclosure deed in favor
of Premier was recorded on June 26, 2014. (ECF No. 1 at 41).
sent copies of the foregoing notices to Bank of America and
to BAC. (ECF No. 99-2). NAS also sent a copy of the foregoing
notices to “U.S. Bank c/o Bank of America.”
Id. This copy was sent to an address presumably
belonging to Bank of America in Plano, Texas (the same
address that NAS sent Bank of America copies of the notices).
Id. Defendant provides no evidence that NAS sent
copies of the notices directly to U.S. Bank or to HUD.
15, 2015, U.S. Bank filed the underlying complaint, alleging
one cause of action: quiet title against all defendants. (ECF
instant motions, U.S. Bank and Premier move for summary
judgment in their favor. (ECF Nos. 97, 99).
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 a 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
nonmoving party must “set ...