United States District Court, D. Nevada
C. MAHAN, UNITED STATES DISTRICT JUDGE
before the court is plaintiff Federal National Mortgage
Association's (“Fannie Mae”) motion for
summary judgment. (ECF No. 28). Defendant BFP Investments 4
LLC (“BFP”) filed a response (ECF No. 38), and
plaintiff filed a reply (ECF No. 40).
before the court is defendant's motion to dismiss. (ECF
No. 12). Plaintiff filed a response (ECF No. 18), to which
defendant replied (ECF No. 19).
before the court is defendant's motion for summary
judgment. (ECF No. 39). Plaintiff filed a response (ECF No.
41), to which defendant replied (ECF No. 42).
before the court is plaintiff's motion to schedule
summary judgment briefing. (ECF No. 17). Defendant filed a
response (ECF No. 23), to which plaintiff replied (ECF No.
action involves the parties' interests in real property
located at 4312 Desert Haven Avenue, North Las Vegas, Nevada,
89085 (“the property”). (ECF No. 1).
Plaintiff's interest in the property
2006, Stephanie and Douglas Halvorson obtained title to the
property via a grant bargain sale deed. (ECF No. 1). On
September 15, 2006, the Halvorsons obtained a loan from
Mountain States Mortgage Centers Inc. (“MSMC”)
for $238, 180, evidenced by a promissory note. Id.
The note was secured by a deed of trust to secure repayment
of the loan. Id. MSMC was the trustee, and Mortgage
Electronic Registration Systems (“MERS”) was the
beneficiary, solely as nominee for MSMC and its successors
and assigns. Id. The property is subject to
Covenants, Conditions, and Restrictions in favor of Prescott
Park Homeowners Association (“the HOA”).
alleges that “[i]n October 2006, Fannie Mae acquired
ownership of the Loan, including the Note and Deed of
Trust.” Id. On September 15, 2010, MERS
assigned its beneficial interest in the deed of trust to BAC
Home Loans Servicing, LP fka Countrywide Home Loans Servicing
LP (now known as “BANA”). Id. Plaintiff
alleges that BANA was the servicer of the loan for Fannie Mae
at the time. Id. On October 29, 2014, BANA assigned
its interest in the deed of trust to plaintiff Fannie Mae.
Defendant's interest in the property
January 24, 2014, Nevada Association Services, Inc.
(“NAS”) recorded a notice of delinquent
assessment lien against the property on behalf of the HOA.
Id. On March 12, 2014, NAS recorded a notice of
default and election to sell on behalf of the HOA.
Id. On August 15, 2014, NAS recorded a notice of
foreclosure sale on behalf of the HOA. Id.
September 5, 214, the HOA conducted a non-judicial
foreclosure sale, at which defendant was the successful
bidder. Id. On September 8, 2014, a foreclosure deed
was recorded, listing defendant as the purchaser at the HOA
foreclosure sale. Id.
challenges defendant's conduct surrounding the September
5, 2014, HOA foreclosure sale and seeks to preserve its
pre-sale interest in the property. Id. Plaintiff
alleges the following causes of action: (1) declaratory
relief under 12 U.S.C. § 4617(j)(3); (2) quiet title
under 12 U.S.C. § 4617(j)(3); (3) declaratory relief
under the Fifth and Fourteenth Amendments of the United
States Constitution; (4) quiet title under the Fifth and
Fourteenth Amendments of the United States Constitution; (5)
declaratory relief based on commercial unreasonability; and
(6) quiet title based on commercial unreasonability. (ECF No.
Motion for ...