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JP Morgan Chase Bank, N.A. v. Resources Group, LLC

United States District Court, D. Nevada

February 13, 2018

JP MORGAN CHASE BANK, N.A., et al., Plaintiffs,
v.
RESOURCES GROUP, LLC, et al., Defendants.

          ORDER

         Presently 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).

         Also 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).

         Also 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).

         Also 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).

         Also 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 since passed.

         I. Introduction

         This 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).

         a. Plaintiffs' interest in the property

          On 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).

         Plaintiff 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.

         On 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.[1] (ECF No. 10).

         b. Defendants' interest in the property

         On 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.

         On 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.

         c. Plaintiffs' complaint

         Plaintiffs 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.

         II. Legal Standard

         a. Motion for ...


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