Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Carrington Mortgage Services, LLC v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

March 19, 2018

CARRINGTON MORTGAGE SERVICES, LLC, Plaintiffs,
v.
SFR INVESTMENTS POOL 1, LLC, Defendants.

          ORDER

         Presently before the court is plaintiff/counterdefendant Carrington Mortgage Services, LLC's (“CMS”) motion for reconsideration. (ECF No. 110). Defendant Oak Park Homeowners Association (“the HOA”) (ECF No. 116), and defendant SFR Investments Pool 1, LLC (“SFR”) (ECF No. 117) filed responses, to which CMS replied (ECF No. 119).

         I. Facts

         This case involves a dispute over real property located at 909 Veranda View Avenue, Las Vegas, Nevada 89123 (the “property”).

         On September 25, 2008, Samuel and Harry Juergens obtained a loan in the amount of $171, 311.00 from Taylor, Bean & Whitaker Mortgage Corp. (“TBW”) to purchase the property, which was secured by a deed of trust recorded on November 3, 2008. (ECF No. 37). The loan was insured by the Federal Housing Administration (“FHA”). (ECF No. 37).

         On April 14, 2010, defendant Nevada Association Services, Inc. (“NAS”), acting on behalf of the HOA, recorded a notice of delinquent assessment lien. (ECF No. 37). On December 1, 2010, NAS recorded a notice of default and election to sell to satisfy the delinquent assessment lien. (ECF No. 37).

         On January 4, 2011, Bank of America, N.A.'s (“BANA”) prior counsel Miles, Bauer, Bergstrom & Winters, LLP (“MBBW”) requested a superpriority demand payoff from NAS. (ECF No. 37). On January 25, 2011, MBBW received a payoff demand from NAS, with a full lien payoff in the amount of $3, 281.56. (ECF No. 37). MBBW determined the superpriority portion of the lien to be $503.10, and tendered that amount to NAS on February 25, 2011, which NAS allegedly rejected. (ECF No. 37).

         On July 28, 2011, the deed of trust was assigned to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loan Servicing, LP via an assignment deed recorded August 1, 2011. (ECF No. 37).

         On August 23, 2012, NAS sent, by certified mail, to BAC (among others) a notice of trustee's sale. (ECF No. 44-1 at 82-88). On August 27, 2012, NAS recorded a notice of trustee's sale. (ECF No. 37). On December 28, 2012, SFR purchased the property at the foreclosure sale for $7, 400.00. (ECF No. 37). A foreclosure deed in favor of SFR was recorded on January 3, 2013. (ECF No. 37).

         On September 5, 2014, BANA recorded a request for notice pursuant to NRS 116.3118. (ECF No. 50 at 4). On December 23, 2014, BANA assigned its beneficial interest under the deed of trust to CMS via an assignment deed, which was recorded on January 29, 2015. (ECF Nos. 37, 50).

         On July 20, 2015, CMS filed a complaint (ECF No. 1), which was later amended on February 29, 2016 (ECF No. 37). In the amended complaint, CMS alleges nine claims for relief: (1) quiet title/declaratory relief against SFR, the HOA, and NAS; (2) preliminary injunction against SFR; (3) wrongful/statutorily defective foreclosure against the HOA and NAS; (4) negligence against the HOA and NAS; (5) negligence per se against the HOA and NAS; (6) unjust enrichment against SFR, the HOA, and NAS; (7) breach of contract against the HOA and NAS; (8) misrepresentation against the HOA; and (9) breach of good faith and fair dealing against the HOA and NAS. (ECF No. 37).

         On August 20, 2015, SFR filed a crossclaim, alleging three claims for relief: (1) quiet title/declaratory relief against CMS, BANA, and the Juergens; (2) preliminary and permanent injunction; and (3) slander of title against CMS and BANA. (ECF No. 12).

         On February 8, 2017, the court dismissed all of CMS's claims (ECF No. 1) except for claims (1) and (3). (ECF No. 91). In that same order, the court denied SFR's (ECF No. 44) and BANA's (ECF No. 45) motions for summary judgment. (ECF No. 91).

         On March 9, 2017, CMS filed a motion for judgment on the pleadings. (ECF No. 96). On July 3, 2017, the court denied CMS's motion and dismissed CMS's wrongful foreclosure claim against the HOA for failure to mediate pursuant to NRS 38.310. (ECF No. 107). The court also held that SFR is entitled to judgment as a matter of law on its quiet title claim against CMS and BANA because CMS had no interest in the deed of trust until after the HOA sale. Id. Judgment was then entered in favor of SFR. (ECF No. 108).

         In the instant motion, CMS seeks the court to reconsider its July 3, 2017 order. (ECF No. 110). Specifically, CMS argues (1) its wrongful foreclosure claim against the HOA should not have been dismissed and, (2) the court should not have granted ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.