United States District Court, D. Nevada
C. MAHAN UNITED STATES DISTRICT JUDGE
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.
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).
before the court is plaintiffs' stipulation for extension
of time to file a response to Saticoy Bay's motion to
dismiss. (ECF No. 25).
action involves the parties' interests in real property
located at 8829 Cornwall Glen Ave., Las Vegas, Nevada, 89129
(“the property”). (ECF No. 1).
Plaintiffs' interest in the property
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”).
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.
Saticoy Bay's interest in the property
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.
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.
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. § 4617(j)(3) against all
defendants; (2) declaratory relief and quiet title by ...