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Bank of New York Mellon v. Foothills at Southern Highlands Homeowners Association

United States District Court, D. Nevada

March 30, 2019

THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA6 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA6, New York corporation, Plaintiff,
v.
THE FOOTHILLS AT SOUTHERN HIGHLANDS HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation; RED ROCK FINANCIAL SERVICES, a Nevada corporation; SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; ALEXANDER M. IRLANDES, an individual; ERA D. IRLANDES, an individual, Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Before the Court are Defendant SFR Investments Pool 1, LLC's Motion to Dismiss, ECF No. 36, and Amended Motion to Dismiss, ECF No. 37. The Court denies the first motion as moot in light of the amended motion and considers the amended motion below.

         II. PROCEDURAL BACKGROUND

         This matter arises from a nonjudicial foreclosure sale conducted by a homeowners' association under Nevada Revised Statutes (“NRS”) Chapter 116 in 2013. ECF No. 1.

         Plaintiff The Bank of New York Mellon, FKA The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006-OA6 Mortgage Pass- Through Certificates, Series 2006-OA6 (“BNYM”) sued Defendants The Foothills at Southern Highlands Homeowners Association (“HOA”), Red Rock Financial Services (“Red Rock”), SFR Investments Pool 1, LLC (“SFR”), Alexander Irlandes, and Era Irlandes on July 13, 2017. Id. BNYM alleges a single claim against all Defendants: Declaratory Relief to Quiet Title. Id. BNYM filed a notice of Lis Pendens on July 19, 2017. ECF No. 5.

         On July 27, 2017, Red Rock answered the complaint and BNYM voluntarily dismissed both Alexander Irelandes and Era Irlandes from the action. ECF Nos. 6, 8.

         On August 14, 2017, the HOA answered the complaint and filed a demand for a jury trial. ECF Nos. 14, 16. The HOA was later dismissed from the action by stipulation. ECF Nos. 32, 33.

         On January 2, 2018, SFR moved to dismiss the complaint. ECF No. 23. The motion was fully briefed. ECF Nos. 26, 28.

         On July 12, 2018, the Court stayed this matter pending a decision on a question certified to the Nevada Supreme Court and dismissed the pending motion to dismiss without prejudice to refiling. ECF No. 35. The Nevada Supreme Court issued its decision on the certified question in August 2018.

         SFR now moves to dismiss the complaint. ECF No. 37. BNYM opposes the motion, and SFR replied. ECF Nos. 38, 40.

         III.FACTUAL BACKGROUND

         The Complaint alleges the following:

         This matter concerns the parties' interests in a property located at 10626 San Vercelli Court, Las Vegas, Nevada 89141. On January 24, 2006, Alexander M. Irlandes and Era D. Irlandes executed a promissory note evidencing an $825, 000 loan from nonparty Bayrock Mortgage Corporation. The two Defendants also executed a corresponding deed of trust, which was recorded on January 26, 2006. The deed of trust served to secure the loan, thereby encumbering the property. The two Defendants subsequently ...


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