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.

Ditech Financial LLC v. SFR Investments Pool I LLC

United States District Court, D. Nevada

April 2, 2018

DITECH FINANCIAL LLC, Plaintiff,
v.
SFR INVESTMENTS POOL I, LLC; BOULDER RANCH MASTER ASSOCIATION; TWILIGHT HOMEOWNERS ASSOCIATION; HOMEOWNERS ASSOCIATION SERVICES, INC.; HARMESH SINGH; KULJIT KAUR; DOES 1-20, Inclusive, Defendants. SFR INVESTMENTS POOL 1, LLC, Counterclaimant,
v.
DITECH FINANCIAL, LLC, Counter-Defendant. SFR INVESTMENTS POOL 1, LLC, Cross-Claimant,
v.
DITECH FINANCIAL LLC; BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK as Trustee for the CERTIFICATEHOLDERS CWABS, INC., ALTERNATIVE LOAN TRUST 2005-J12 ASSET-BACKED CERTIFICATES SERIES 2005-17; HOUSEHOLD FINANCE REALTY CORPORATION OF NEVADA; HARMESH SINGH, an individual; and KULJIT KAUR, an individual, Cross-Defendants.

          KOLESAR & LEATHAM Scott D. Fleming, Esq., Michael R. Brooks, Esq. Attorneys for Plaintiff DITECH FINANCIAL LLC and THE BANK OF NEW YORK MELLON CORPORATION as Trustee for the Certificateholders of the CWABS, Inc. Assetbacked Certificates Series 2005-17.

          LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C., Amber M. Williams, Esq., JOSEPH P. GARIN, ESQ., J. WILLIAM EBERT, ESQ Attorneys for Defendant Twilight Homeowners Association.

          STIPULATION AND ORDER TO DISMISS WITH PREJUDICE ALL CLAIMS BY DITECH FINANCIAL, LLC AGAINST TWILIGHT HOMEOWNERS ASSOCIATION

          Gloria M. Navarro Chief Judge UNITED STATES DISTRICT JUDGE.

         This Stipulation to Dismiss With Prejudice All Claims by Ditech Financial, LLC Against Twilight Homeowners Association (the “Stipulation”) is made by and among Plaintiff/Counter-Defendant/Cross-Defendant Ditech Financial, LLC (“Ditech”), Cross-Defendant The Bank of New York Mellon Corporation as Trustee for the Certificateholders of the CWABS, Inc. Asset-backed Certificates Series 2005-17 (“BONY Mellon” and with Ditech, “Lenders”), and Defendant Twilight Homeowners Association (“Twilight HOA”), and is based on the following facts:

         RECITALS

         1. On January 22, 2016, Ditech commenced this action by filing its Complaint for Declaratory Relief and Quite Title to Real Property [ECF No. 1] (the “Complaint”) naming as Defendants SFR Investments Pool 1, LLC (“SFR”), Boulder Ranch Master Association (“Boulder Ranch”), Twilight HOA, Homeowners Association Services, Inc. (“HAS”), Harmesh Singh (“Singh”) and Kuljit Kaur (“Kaur”).

         2. In its Complaint, Ditech alleged, among other things, that as a result of a series of assignments, Ditech was the beneficiary of a certain deed of trust (the “Deed of Trust”) recorded in the Clark County Recorder's Office, Clark County, Nevada, as Instrument No. 20051130-0005884, naming Countrywide Home Loans, Inc. (“Countrywide”) as the lender and Mortgage Electronic Registration Systems, Inc. (“MERS”) as the beneficiary.

         3. The Deed of Trust encumbers certain real property commonly described as 5929 Crumbling Ridge, Henderson, Nevada 89011 (“Property”).

         4. The Deed of Trust secures a promissory note (“Note”) signed by Harmesh Singh and Kuljit Kaur, husband and wife as joint tenants (“Borrowers”), on November 22, 2005, stating that Borrowers owe Countrywide $276, 250.00 plus interest.

         5. The Property is located in a common-interest community in which Boulder Ranch is the master association and Twilight HOA is a sub-association.

         6. On or about July 7, 2009, HAS, acting as collection agent for Boulder Ranch HOA, recorded a Notice of Claim of Lien-Homeowner Assessment (the “Boulder Ranch Lien”) against the Property in the Clark County Recorder's Office, Clark County, Nevada, as Instrument No. 200907070001893.

         7. On or about October 21, 2009, HAS, acting as collection agent for Boulder Ranch, recorded a Notice of Default and Election to Sell in the Clark County Recorder's Office, Clark County, Nevada, as Instrument No. 200910210001899.

         8. On or about July 24, 2012, HAS, acting as collection agent for Twilight HOA, recorded a Notice of Claim of Lien-Homeowner Assessment (the "Twilight Lien") against the Property in the Clark County Recorder's Office, Clark County, Nevada, as Instrument No. 201207240001224.

         9. On or about February 24, 2014, HAS, acting as collection agent for Boulder Ranch, recorded a Notice of Sale in the Clark County Recorder's Office, Clark County, Nevada, as Instrument No. 201402240001318, ...


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.