United States District Court, D. Nevada
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,
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.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
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
matter arises from a nonjudicial foreclosure sale conducted
by a homeowners' association under Nevada Revised
Statutes (“NRS”) Chapter 116 in 2013. ECF No. 1.
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.
27, 2017, Red Rock answered the complaint and BNYM
voluntarily dismissed both Alexander Irelandes and Era
Irlandes from the action. ECF Nos. 6, 8.
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.
January 2, 2018, SFR moved to dismiss the complaint. ECF No.
23. The motion was fully briefed. ECF Nos. 26, 28.
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.
moves to dismiss the complaint. ECF No. 37. BNYM opposes the
motion, and SFR replied. ECF Nos. 38, 40.
Complaint alleges the following:
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 ...