United States District Court, D. Nevada
NATIONSTAR MORTGAGE LLC and FEDERA HOME LOAN MORTGAGE CORPORATION, Plaintiffs,
NEWPORT COVE CONDOMINIUM UNIT OWNERS' ASSOCIATION, INC., et al., Defendants.
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).
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).
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).
before the court is the HOA's motion for summary
judgment. (ECF No. 66). Plaintiffs filed a response. (ECF No.
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). . . .
action involves the parties' interests in real property
located at 1611 Bluegill Way, Unit A, Henderson, Nevada,
89104 (“the property”). (ECF No. 1).
Plaintiffs' interest in the property
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.
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
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
(ECF No. 1).
Defendants' interest in the property
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.
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,
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.
Plaintiffs' complaint and Daly's counterclaims
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.
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.