United States District Court, D. Nevada
WILMINGTON SAVINGS FUND SOCIETY, FSB DBA CHRISTIANA TRUST AS TRUSTEE FOR HLSS MORTGAGE MASTER TRUST FOR THE BENEFIT OF THE HOLDERS OF THE SERIES 2014-1 CERTIFICATES ISSUED BY HLSS MORTGAGE MASTER TRUST, Plaintiff,
SFR INVESTMENTS POOL 1, LLC; and WASHBURN CREEK ASSOCIATION, Defendants. WASHBURN CREEK ASSOCIATION, Third-Party Plaintiff,
ABSOLUTE COLLECTION SERVICES, LLC, Third-Party Defendant. SFR INVESTMENTS POOL 1, LLC, Counter-Claimant/Cross-Claimant,
WILMINGTON SAVINGS FUND SOCIETY, FSB DBA CHRISTIANA TRUST AS TRUSTEE FOR HLSS MORTGAGE MASTER TRUST FOR THE BENEFIT OF THE HOLDERS OF THE SERIES 2014-1 CERTIFICATES ISSUED BY HLSS MORTGAGE MASTER TRUST; HOUSING AND URBAN DEVELOPMENT, a government agency; FILIMON MIJAREZ, an individual; EVA MIJAREZ, an individual, Counter-Defendant/Cross-Defendants.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
the Court are Defendant Washburn Creek Association's
Second Motion for Summary Judgment (ECF No. 67) and Defendant
Counter-Claimant/Cross-Claimant SFR Investments Pool 1,
LLC's Motion for Summary Judgment (ECF No. 68).
complaint filed January 10, 2017, Plaintiff Wilmington
Savings Fund Society, FSB doing business as Christiana Trust
on behalf of HLSS Mortgage Master Trust on behalf of Holders
of the Series 2014-1 Certificates Issued by HLSS Mortgage
Master Trust (“Wilmington”) states five causes of
action: (1) Quiet Title/Declaratory Relief Pursuant to 28
U.S.C. § 2201, NRS 30.010 et seq., and NRS
40.010; (2) Declaratory Relief Under Amendments V and XIV to
the United States Constitution; (3) Quiet Title Under the
Amendments V and XIV to the United States Constitution; (4)
Permanent and Preliminary Injunction; and (5) Unjust
Enrichment. ECF No. 1.
reasons stated below, the Court grants Washburn Creek
Association's Second Motion for Summary Judgment. The
Court grants in part and denies in part SFR Investments Pool
1, LLC's Motion for Summary Judgment as detailed below.
Court finds that the following facts are undisputed for the
purposes of the motions under consideration.
Mijarez and Eva Mijarez formerly owned a property located at
624 Bengal Bay Avenue, North Las Vegas, Nevada 89081 (APN
124-35-315-008) (“the Property”). The Deed of
Trust executed by the Mijarezes and recorded on April 28,
2008 identifies Direct Equity Mortgage, LLC as the Lender,
Mortgage Electronic Registration Systems, Inc.
(“MERS”) as the nominee Beneficiary, and Fidelity
National Title Agency as the Trustee, and secures a loan in
the amount of $266, 945.00 On February 1, 2012, a Notice of
Delinquent Assessment was recorded against the property by
Absolute Collection Services, LLC on behalf of Washburn.
7, 2012, a Notice of Default and Election to Sell Under
Homeowners Association Lien was recorded against the Property
by Absolute Collection Services, LLC on behalf of Washburn
stating that the amount due was $1, 910.00.
August 28, 2012, a Notice of Trustee's Sale was recorded
against the Property by Absolute Collection Services, LLC on
behalf of Washburn stating that the amount due as of the
initial publication of the Notice of Sale was $3, 614.00.
January 15, 2013, a nonjudicial foreclosure sale (“HOA
sale”) occurred whereby SFR acquired its interest, if
any, in the Property for $13, 600.00. SFR Investments Pool is
the current title holder of record.
25, 2014, an Assignment of Deed of Trust was recorded,
assigning the beneficial interest in the Deed of Trust to
filed its complaint on January 10, 2017. ECF No. 1. Washburn
filed its answer on March 23, 2017. ECF No. 12.
March 30, 2017, Washburn Creek filed a third-party complaint
against Absolute Collection Services, LLC. ECF No. 15. On
April 6, 2017, SFR filed its answer to Wilmington with a
counter-claim against Wilmington and cross-claims against
Filimon Mijarez, Eva Mijarez, and Housing and Urban
Development. ECF No. 18. Wilmington filed an answer to
SFR's counter-claim on April 13, 2017. ECF No. 19.
Absolute Collection Services filed an answer to Washburn
Creek's third-party complaint on May 4, 2017. ECF No. 29.
9, 2017, the Court entered a scheduling order. ECF No. 33.
Discovery closed on November 6, 2017. ECF No. 44.
November 28, 2017, Washburn filed a Motion for Summary
Judgment. ECF No. 45. On January 9, 2018, Wilmington and SFR
each filed a Motion for Summary Judgment. ECF Nos. 49, 51.
13, 2018, the Court denied the three pending motions for
summary judgment without prejudice and issued a stay in the
case pending the Nevada Supreme Court's decision on a
certified question of law regarding NRS 116's notice
requirement in Bank of N.Y. Mellon v. Star Hill
Homeowners Ass'n, No. 2:16-cv-02561-RFB-PAL. ECF No.
49. The Nevada Supreme Court published an answer to the
certified question on August 2, 2018. SFR Investments
Pool 1, LLC v. Bank of New York Mellon, 422 P.3d 1248
August 22, 2018, Washburn filed the instant Second Motion for
Summary Judgment. ECF No. 67. On August 23, 2018, SFR filed
the instant Motion for Summary Judgment. ECF No. 68. The
Court will now lift the stay in this case and consider the
judgment is appropriate when the pleadings, depositions,
answers to interrogatories, and admissions on file, together
with the affidavits, if any, show “that there is no
genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law.” Fed. R.
Civ. P. 56(a); accord Celotex Corp. v. Catrett,
477 U.S. 317, 322 (1986). When considering the propriety of
summary judgment, the court views all facts and draws all
inferences in the light most favorable to the nonmoving
party. Gonzalez v. City of Anaheim, 747 F.3d 789,
793 (9th Cir. 2014). If the movant has carried its burden,
the non-moving party “must do more than simply show
that there is some metaphysical doubt as to the material
facts . . . . Where the record taken as a whole could not
lead a rational trier of fact to find for the nonmoving
party, there is no genuine issue for trial.” Scott
v. Harris, 550 U.S. 372, 380 (2007) (alteration in
original) (internal quotation marks omitted).
SFR's Motion ...