United States District Court, D. Nevada
before the court is plaintiffs Federal National Mortgage
Association (“Fannie Mae”) and JPMorgan Chase
Bank, N.A.'s (“JPMorgan”) motion for summary
judgment. (ECF No. 26). Defendants 7290 Sheared Cliff Lane UN
102 Trust (“the Trust”) and Resources Group, LLC,
(“RG”) filed a response (ECF No. 28), to which
plaintiffs filed a reply, (ECF No. 37).
before the court is the Trust's motion to dismiss. (ECF
No. 12). Plaintiffs filed a response (ECF No. 25), to which
the Trust replied (ECF No. 27).
before the court is the Trust's motion for summary
judgment. (ECF No. 45). Plaintiffs filed a response (ECF No.
46), to which the Trust replied (ECF No. 47).
before the court is plaintiffs' stipulation for extension
of time to file a reply in support of their motion for
summary judgment. (ECF No. 30).
before the court is RG's motion to strike plaintiffs'
notice of supplemental authority. (ECF No. 42). Plaintiffs
have not filed a response, and the time for doing so has
action involves the parties' interests in real property
located at 7290 Sheared Cliff Lane Unit 102, Las Vegas,
Nevada, 89149 (“the property”). (ECF No. 10).
Plaintiffs' interest in the property
March 4, 2003, Lisa Roth Ehren obtained title to the property
via a grant, bargain, and sale deed, which was recorded on
March 11, 2003. Id. On March 10, 2003, Ehren
obtained a loan from CTX Mortgage Company, LLC
(“CTX”) for $121, 800 to purchase the property.
Id. Ehren executed a promissory note in favor of
CTX, as well as a deed of trust to secure repayment of the
loan. Id.; (ECF No. 26-1 at 101-04, 106-24). The
deed of trust, recorded on March 11, 2003, listed CTX 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
No. 10); (ECF No. 26-1 at 106-24).
Fannie Mae alleges that it acquired ownership of the loan,
including the note and deed of trust in April of 2003. (ECF
No. 10). Plaintiffs attached to their motion for summary
judgment a copy of a printout from Fannie Mae's Servicer
and Investor Reporting platform pertaining to its purchase of
the loan. See (ECF No. 26-1 at 7-18). Pursuant to
the printout, plaintiff Fannie Mae acquired an ownership
interest on April 1, 2003. See id.
September 16, 2010, MERS executed a corporate assignment of
deed of trust, naming JPMorgan as beneficiary. (ECF No. 10);
(ECF No. 26-1 at 126). JPMorgan is the authorized servicer of
the loan for Fannie Mae. (ECF No. 10).
Defendants' interest in the property
October 12, 2011, the Solana del Mar Community Association
(“the HOA”) recorded a notice of delinquent
assessment lien, asserting an outstanding amount owed of $2,
775.70. Id. On January 17, 2012, the HOA recorded a
notice of default and election to sell, asserting an
outstanding amount owed of $4, 026.50. Id. On
January 9, 2013, the HOA recorded a notice of foreclosure
sale, listing an amount owed of $6, 823.42. Id.
February 1, 2013, the HOA foreclosed against the property.
Id. The Trust purchased the property at the
foreclosure sale for $7, 432.00. Id. The foreclosure
deed was recorded on February 7, 2013. Id.
challenge defendants' conduct surrounding the February 1,
2013, HOA foreclosure sale and seek to preserve their
pre-sale interest in the property. Id. Plaintiffs
allege the following causes of action: (1) declaratory relief
under 12 U.S.C. § 4617(j); (2) quiet title under 12
U.S.C. § 4617(j); (3) declaratory relief pursuant to the
Fifth and Fourteenth Amendments; (4) quiet title pursuant to
the Fifth and Fourteenth Amendments; (5) declaratory relief
by JPMorgan against all defendants; and (6) unjust enrichment
by JPMorgan against the Trust. Id.
Motion for ...