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Ditech Financal LLC v. American West Village II Owners Association

United States District Court, D. Nevada

April 27, 2018

DITECH FINANCIAL LLC, et al., Plaintiffs,
v.
AMERICAN WEST VILLAGE II OWNERS ASSOCIATION, et al., Defendants.

          ORDER

          JAMES C. MAHAN UNITED STATES DISTRICT JUDGE

         Presently before the court is plaintiffs Ditech Financial LLC (“Ditech”) and Federal National Mortgage Association's (“Fannie Mae”) motion for summary judgment. (ECF No. 33). Defendant Saticoy Bay LLC Series 8829 Cornwall Glen (“Saticoy Bay”) filed a response (ECF No. 40), and plaintiffs filed a reply (ECF No. 57).

         Also before the court is Saticoy Bay's motion to dismiss. (ECF No. 19). Plaintiffs filed a response (ECF No. 28), to which Saticoy Bay replied (ECF No. 31).

         Also before the court is plaintiffs' stipulation for extension of time to file a response to Saticoy Bay's motion to dismiss. (ECF No. 25).

         I. Introduction

         This action involves the parties' interests in real property located at 8829 Cornwall Glen Ave., Las Vegas, Nevada, 89129 (“the property”). (ECF No. 1).

         a. Plaintiffs' interest in the property

         On August 25, 2004, Doreen Stewart purchased the property. (ECF No. 1). The property was encumbered by a deed of trust. Id. Countrywide Home Loans was the trustee, and Mortgage Electronic Registration Systems (“MERS”) was the beneficiary. Id. The property is subject to Covenants, Conditions, and Restrictions in favor of American West Village II Owners Association (“the HOA”). Id.

         Plaintiffs allege that “[i]n September 2004, Federal National Mortgage Association (“Fannie Mae”) acquired ownership of the Note and Deed of Trust.” Id. On January 8, 2016, MERS assigned its beneficial interest in the deed of trust to Ditech. Id. Plaintiffs allege that Ditech was the servicer of the loan for Fannie Mae at the time. Id.

         b. Saticoy Bay's interest in the property

         On February 16, 2016, Nevada Association Services, Inc. (“NAS”) recorded a notice of delinquent assessment lien against the property on behalf of the HOA. (ECF No. 1-2). On April 6, 2016, NAS recorded a notice of default and election to sell on behalf of the HOA. Id. On April 12, 2017, NAS recorded a notice of foreclosure sale on behalf of the HOA. Id.

         On May 9, 2017, the HOA conducted a non-judicial foreclosure sale, at which Saticoy Baywas the successful bidder. (ECF No. 1). On May 18, 2017, a certificate of foreclosure sale subject to redemption was recorded, listing Saticoy Bay as the purchaser at the HOA foreclosure sale. (ECF No. 1-3). On July 11, 2017, NAS issued a foreclosure deed in favor of Saticoy Bay. Id.

         c. Plaintiffs' complaint

         Plaintiffs challenge defendant's conduct surrounding the May 9, 2017, 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 and quiet title under 12 U.S.C. ยง 4617(j)(3) against all defendants; (2) declaratory relief and quiet title by ...


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