United States District Court, D. Nevada
CARRINGTON MORTGAGE SERVICES, LLC, a California corporation, Plaintiff,
DEVONRIDGE HOMEOWNERS ASSOCIATION, INC., a Nevada corporation; SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Defendants. DEVONRIDGE HOMEOWNERS ASSOCIATION, INC., a Nevada corporation; Third-Party Plaintiff,
NEVADA ASSOCIATION SERVICES, INC., Third-Party Defendant.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
the Court are three contested motions: Defendant SFR
Investments Pool 1, LLC's Motion to Dismiss, ECF No. 33;
SFR's Motion for Summary Judgment, ECF No. 39; and
Plaintiff Carrington Mortgage Services's Motion for
Summary Judgment, ECF No. 37.
matter arises from a nonjudicial foreclosure sale conducted
by a homeowners' association under Nevada Revised
Statutes (“NRS”) Chapter 116 in 2013. ECF No. 1.
sued SFR and Devonridge Homeowners Association, Inc.
(“the HOA”) on July 5, 2017. Id.
Carrington alleged two claims: (1) quiet title or declaratory
relief against all Defendants and (2) unjust enrichment
against SFR. Id. Carrington filed a notice of lis
pendens on July 6, 2017. ECF No. 5.
answered the complaint on August 11, 2017. ECF No. 11. It
then filed a third-party complaint against Nevada Association
Services, Inc. (“NAS”) on September 7, 2017. ECF
SFR moved to dismiss the complaint on January 2, 2018, ECF
No. 20, the Court stayed the matter pending the Nevada
Supreme Court's decision on a certified question and
denied all pending motions without prejudice to refiling. ECF
No. 25. The Nevada Supreme Court issued its decision in
was dismissed from this matter on May 8, 2018 per
stipulation. ECF Nos. 26, 27. NAS was then voluntarily
dismissed. ECF No. 28.
moves again to dismiss the complaint and moves for summary
judgment. ECF Nos. 33, 39. Carrington opposed the motions,
and SFR replied. ECF Nos. 35, 36, 40, 43.
also moves for summary judgment. ECF No. 37. SFR opposed the
motion, and Carrington replied. ECF Nos. 41, 42.
MOTION TO DISMISS
Court first turns to the pending motion to dismiss.
Complaint alleges the following:
matter concerns the property at 813 Pirates Cave Court, North
Las Vegas, Nevada 89032. ECF No. 1. The HOA manages and
maintains the common unit amenities for the community in
which the property sits.
October 7, 2008, nonparty Andrea Ketay purchased the property
for $194, 761.00 by executing a promissory note in favor of
Taylor, Bean & Whitaker Mortgage Corp. Ketay also
executed a corresponding deed of trust, which was recorded on
October 10, 2008. The deed of trust encumbers the property as
security to ensure repayment of the loan.
defaulted on both the loan and the payment of homeowners'
association dues. Based on the delinquent homeowners'
association dues, nonparty Bank of America requested a
super-priority lien account statement from NAS in April 2011.
NAS served as the HOA's agent. Bank of America made the
request through its attorneys at the law firm of Miles,
Bauer, Bergstrom & Winters, LLP.
America requested the super-priority lien account statement
for the express purpose of curing the super-priority portion
of HOA's lien. NAS refused to provide a super-priority
lien statement, instead providing a full lien account
statement showing a balance of $2, 231.31. Based on the full
lien statement, the law firm calculated the super-priority