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Nationstar Mortgage LLC v. Newport Cove Condominium Unit Owners' Association, Inc.

United States District Court, D. Nevada

March 19, 2018

NATIONSTAR MORTGAGE LLC and FEDERA HOME LOAN MORTGAGE CORPORATION, Plaintiffs,
v.
NEWPORT COVE CONDOMINIUM UNIT OWNERS' ASSOCIATION, INC., et al., Defendants.

          ORDER

         Presently before the court is defendant Newport Cove Condominium Unit Owners' Association, Inc.'s (“the HOA”) motion to dismiss. (ECF No. 23). Plaintiffs Federal Home Loan Mortgage Corporation (“Freddie Mac”) and Nationstar Mortgage LLC (“Nationstar”) filed a response (ECF No. 30), to which the HOA replied (ECF No. 31).

         Also before the court is plaintiffs' first motion for summary judgment. (ECF No. 58). The HOA and Daly Management Corporation, (“Daly”) filed responses (ECF Nos. 60, 61), to which plaintiffs filed a reply, (ECF No. 64).

         Also before the court is plaintiffs' second motion for summary judgment. (ECF No. 65). The HOA and Daly filed responses. (ECF Nos. 68, 69), to which plaintiffs replied (ECF No. 71).

         Also before the court is the HOA's motion for summary judgment. (ECF No. 66). Plaintiffs filed a response. (ECF No. 67).

         Also before the court is plaintiffs' stipulation for extension of time for the parties to file replies in support of their respective motions for summary judgment. (ECF No. 70). . . .

         I. Introduction

         This action involves the parties' interests in real property located at 1611 Bluegill Way, Unit A, Henderson, Nevada, 89104 (“the property”). (ECF No. 1).

         a. Plaintiffs' interest in the property

         On March 13, 2007, Edward McHale obtained title to the property via deed, which was recorded on March 20, 2007. Id. On March 13, 2007, McHale obtained a loan from Countrywide Home Loans, Inc. (“Countrywide”) for $134, 000 to purchase the property. Id. McHale executed a promissory note in favor of Countrywide, as well as a deed of trust to secure repayment of the loan. Id.; (ECF No. 58-1). The deed of trust, recorded on March 20, 2007, listed Countrywide 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. 1); (ECF No. 58-1).

         Plaintiff Freddie Mac alleges that it acquired ownership of the loan, including the note and deed of trust on April 2, 2007. (ECF No. 1). Plaintiffs attached to their first motion for summary judgment a copy of a printout from Freddie Mac's MIDAS system pertaining to its purchase of the loan. See (ECF No. 58-2). Pursuant to the printout, plaintiff Freddie Mac acquired an ownership interest on April 2, 2007. See id.

         On February 15, 2012, MERS executed a corporate assignment of deed of trust, naming Bank of America, N.A., successor by merger to BAC Home Loans Servicing LP, f/k/a Countrywide Home Loans Servicing, L.P. (“BOA”) as beneficiary. (ECF No. 1); (ECF No. 58-3). On March 27, 2013, BOA assigned the deed of trust to Nationstar (which was recorded on June 12, 2013). (ECF No. 1); (ECF No. 58-4). Nationstar is the authorized servicer of the loan for Freddie Mac.[1] (ECF No. 1).

         b. Defendants' interest in the property

         On September 30, 2010, Alessi & Koenig, LLC (“Alessi”), acting on behalf of the HOA, recorded a notice of delinquent assessment lien, asserting an outstanding amount owed of $1, 495. Id. On December 13, 2010, Alessi, acting on behalf of the HOA, recorded a release of notice of delinquent assessment lien. Id. Plaintiff alleges the HOA never recorded another notice of delinquent assessment lien. Id.

         On August 9, 2013, the HOA recorded a notice of default and election to sell, asserting an outstanding amount owed of $2, 854.84. Id. On February 27, 2014, the HOA recorded a notice of foreclosure sale, listing an amount owed of $4, 773.52. Id.

         On May 21, 2014, the HOA foreclosed against the property. Id. RBBE Real Estate Investments, LLC, (“RBBE”) purchased the property at the foreclosure sale for $11, 000. Id. The foreclosure deed was recorded on August 28, 2014. Id. On October 2, 2014, Daly acquired an interest in the property via quitclaim deed from RBBE. Id.

         c. Plaintiffs' complaint and Daly's counterclaims

         Plaintiffs challenge defendants' conduct surrounding the May 21, 2014, 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) against RBBE and Daly; (2) quiet title under 12 U.S.C. § 4617(j) against RBBE and Daly; (3) declaratory relief pursuant to the Fifth and Fourteenth Amendments by Nationstar against all defendants; (4) quiet title pursuant to the Fifth and Fourteenth Amendments by Nationstar against RBBE and Daly; (5) declaratory relief by Nationstar against all defendants; (6) breach of NRS 116.1113 by Nationstar against the HOA; (7) wrongful foreclosure by Nationstar against the HOA and (8) injunctive relief by Nationstar against Daly. Id.

         On May 16, 2017, Daly filed an answer to plaintiffs' complaint and counterclaims against plaintiffs. (ECF No. 34). Daly alleges the following counterclaims: (1) declaratory relief/quiet title pursuant to 28 U.S.C. § 2201 and NRS 116.3116 et seq; and (2) unjust enrichment. Id.

         II. ...


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