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Nationstar Mortgage LLC v. Saticoy Bay LLC

United States District Court, D. Nevada

April 11, 2018

NATIONSTAR MORTGAGE LLC, Plaintiff,
v.
SATICOY BAY LLC SERIES 8920 EL DIABLO, a Nevada limited liability company, Defendant. AND ALL RELATED CLAIMS.

          MELANIE MORGAN, ESQ., DONNA M. WITTIG, ESQ. Attorneys for Plaintiff and Counter-Defendant Nationstar Mortgage LLC.

          FINDINGS OF FACT AND CONCLUSIONS OF LAW

         Following a bench trial held on April 9, 2018 and April 10, 2018, the Court makes the following findings of fact and conclusions of law.

         FINDINGS OF FACT

         A. Facts Stipulated by the Parties

         1. This matter involves a dispute over title to a property known commonly as 8920 El Diablo Street, Las Vegas, Nevada, 89117 (the "Property").

         2. The property is subject to the Declaration of Covenants, Conditions, and Restrictions for Silverstone Ranch, a planned community ("the CC&Rs") recorded on June 14, 2002, as instrument number 20020614-02202.

         3. Former plaintiff/counterdefendant Elizon Master Participation Trust I, U.S. Bank Trust National Association, as Owner Trustee is a banking entity operating throughout the United States.[1]

         4. Plaintiff/counterdefendant Nationstar Mortgage LLC is a limited liability company formed under the laws of the State of Delaware and authorized to conduct business in the state of Nevada.

         5. Dismissed defendant Silverstone Ranch Community Association ("the HOA")[2] is a homeowners association and domestic non-profit corporation formed under the laws of the state of Nevada which generally manages and maintains the amenities for the development in which the Property is located and levies and collects assessments from homeowners within the development.

         6. Dismissed defendant Hampton & Hampton Collections, LLC ("Hampton")[3] is a corporation formed under the laws of the State of Nevada and was the foreclosure agent acting on behalf of the HOA at all times relevant to this matter.

         7. Defendant/counterclaimant Saticoy Bay LLC Series 8920 El Diablo is a series limited liability company formed under the laws of the State of Nevada.

         8. On January 11, 2012, Ralph Lake and Rebecca Lake (hereinafter referred to as "the former owners") executed a deed of trust in the amount of $149, 121.00 within which Bank of America, N.A. was named as lender and Mortgage Electronic Registration Systems, Inc. ("MERS") was acting as beneficiary and nominee for Lender and Lender's successors and assigns. This deed of trust was recorded on January 13, 2012, as instrument number 201201130002073 as an encumbrance to the property. The former owners used the funds from the deed of trust to purchase the property.

         9. The deed of trust contains a Planned Unit Development Rider stating, "[i]f Borrower does not pay PUD dues and assessments when due, then Lender may pay them." 10. On July 27, 2012, Mortgage Electronic Registration Systems, Inc. assigned its beneficial interest in the deed of trust to Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing LP. The assignment was recorded on July 31, 2012 in the Official Records of the Clark County Recorder as instrument number 201207310002193.

         11. On July 19, 2013, an assignment of deed of trust was recorded in the Official Records of the Clark County Recorder as instrument number 201307190001415 whereby Bank of America, N.A. assigned its beneficial interest in the deed of trust to Nationstar Mortgage LLC.

         12. On September 3, 2014, a corporate assignment of deed of trust was recorded in the Official Records of the Clark County Recorder as instrument number 20140903-0000433 whereby Nationstar Mortgage LLC assigned its beneficial interest in the deed of trust to the Secretary of Housing & Urban Development.

         13. On September 3, 2014, a corporate assignment of deed of trust was recorded in the Official Records of the Clark County Recorder as instrument number 20140903-0000434 whereby the Secretary of Housing & Urban Development assigned its beneficial interest in the deed of trust to Elizon Master Participation Trust I.

         14. On September 3, 2014, a corporate assignment of deed of trust was recorded in the Official Records of the Clark County Recorder as instrument number 20140903-0000435 whereby Elizon Master Participation Trust assigned its beneficial interest in the deed of trust to Elizon Master Participation Trust I, U.S. Bank Trust, National Association as Owner Trustee.

         15. On October 3, 2016, a corporate assignment of deed of trust was recorded in the Official Records of the Clark County Recorder as instrument number 201610030000320 whereby Elizon Master Participation Trust I, U.S. Bank Trust, National Association as Owner Trustee assigned its beneficial interest in the deed of trust to Nationstar Mortgage LLC.

         16. Nationstar Mortgage LLC is the current record beneficiary of the deed of trust.

         17. The HOA's assessments were $56.65 per month.

         18. On or about December 17, 2012, Hampton, on behalf of the HOA created and mailed to the former owners a pre-lien letter and a Notice of Delinquent Assessment Lien with an amount due and owing of $1, 040.25, based on the former owners' failure to make assessment payments to the HOA.

         19. On January 30, 2013, Hampton, on behalf of the HOA, recorded a notice of default and election to sell real property to satisfy delinquent assessment lien ("the first notice of default")

         with an amount due of $1, 899.90, in the Official Records of the Clark County Recorder as instrument number 201301300001818.

         20. On April 18, 2013, Miles, Bauer, Bergstrom & Winters, LLP, on behalf of Bank of America, tendered a check in the amount of $509.85 to Hampton to satisfy the superpriority portion of the HOA's lien.

         21. Hampton accepted the payment, cashed the check, and, on April 29, ...


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