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.

Bank of New York Mellon v. Christopher Communities At Southern Highlands Golf Club Homeowners Association

United States District Court, D. Nevada

March 23, 2018

BANK OF NEW YORK MELLON, Plaintiffs,
v.
CHRISTOPHER COMMUNITIES AT SOUTHERN HIGHLANDS GOLF CLUB HOMEOWNERS ASSOCIATION, et al., Defendants.

          ORDER

         Presently before the court is defendant Kupperlin Law Group, LLC's (“Kupperlin”) first motion for partial summary judgment. (ECF No. 33). Plaintiff Bank of New York Mellon (“BNYM”) filed a response (ECF No. 43), to which Kupperlin replied (ECF No. 48).

         Also before the court is Kupperlin's second motion for partial summary judgment. (ECF No. 35). Plaintiff filed a response (ECF No. 44), to which Kupperlin replied (ECF No. 47).

         Also before the court is plaintiff's motion to dismiss Kupperlin's counterclaim. (ECF No. 42). Kupperlin filed a response (ECF No. 45), to which plaintiff replied (ECF No. 49).

         I. Introduction

         This action involves the parties' interests in real property located at 11966 Port Labelle Drive, Las Vegas, Nevada, 89141 (“the property”). (ECF No. 1).

         a. Plaintiff's interest in the property

         On August 26, 2005, Michael and Julia Frye (“the Fryes”) obtained a loan from Countrywide Home Loans, Inc. (“Countrywide”) for $1, 000, 000 to finance ownership of the property. (ECF No. 59-1). The Fryes executed a promissory note in favor of Countrywide, as well as a deed of trust to secure repayment of the loan. Id. The deed of trust, recorded on August 31, 2005, 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. Id.

         On September 12, 2011, MERS executed a corporate assignment of deed of trust, naming plaintiff as beneficiary. Id.

         b. Defendants' interest in the property

         On December 12, 2008, Red Rock Financial Services (“RRFS”), acting on behalf of defendant Christopher Communities at Southern Highlands Golf Club Homeowners Association (“the HOA”) recorded a notice of delinquent assessment lien, stating an amount due of $2, 275.03. (ECF No. 1). On February 20, 2009, RRFS, on behalf of the HOA, recorded a notice of default and election to sell, stating an amount due of $3, 871.58. Id.

         “[A]t some point in time before September 7, 2012, First 100 entered into an agreement with the HOA to purchase the delinquency, if any, owed by the [Fryes] to the HOA.” Id. “Per the purchase and sale agreement, [RRFS] was removed as the HOA's agent and replaced with Kupperlin.” Id. “First 100 transferred a sum of money equal to nine months of unpaid assessments to the HOA in exchange to [sic] the rights to collect on the alleged delinquent account and foreclose upon the property.” Id. “Kupperlin was instructed not to postpone any foreclosure sale, even if few or no bidders were present.” Id.

         On September 7, 2012, Kupperlin, on behalf of the HOA, recorded a notice of foreclosure sale. Id. On September 29, 2012, Kupperlin foreclosed against the property. Id. Defendant First 100 purchased the property at the foreclosure sale for $22, 346.67. Id. A foreclosure deed was recorded on October 4, 2012. Id. On February 4, 2013, First 100 transferred its interest in the property to the Lahrs Family Trust (“the Trust”). Id.

         c. Plaintiff's complaint

         Plaintiff challenges the legal effect of the September 29, 2012, HOA foreclosure sale and seeks to preserve its pre-sale interest in the property. Id. Plaintiff alleges the following causes of action: (1) quiet title/declaratory judgment against all defendants; (2) breach of NRS 116.1113 against the HOA and Kupperlin; (3) wrongful foreclosure against the HOA and Kupperlin; (4) injunctive relief against the Trust; and (5) deceptive trade practices against the HOA and Kupperlin. Id.

         On June 30, 2017, Kupperlin filed a counterclaim against plaintiff's attorney, Natalie Winslow. (ECF No. 29). The filing states that Kupperlin sent Winslow letters informing her that plaintiff's complaint failed to state viable causes of action against Kupperlin. Id. Kupperlin requested that Winslow withdraw or voluntarily dismiss her client's claims against Kupperlin, and threatened to file a counterclaim against her if she failed to do so. Id. When Winslow did not withdraw her client's claims against Kupperlin, it filed a counterclaim against Winslow, alleging a statutory violation of NRS § 7.085(1).

         II. Legal Standard

         a. Motion for summary judgment

         The Federal Rules of Civil Procedure allow summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that “there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(a). A principal purpose of summary judgment is “to ...


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.