United States District Court, D. Nevada
DITECH FINANCIAL, LLC and FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiffs,
VEGAS PROPERTY SERVICES, INC., Defendant. VEGAS PROPERTY SERVICES, INC., Counter-Claimant,
DITECH FINANCIAL, LLC and FEDERAL HOME LOAN MORTGAGE CORPORATION, Counter-Defendants. VEGAS Property Services, Inc., Cross-Claimant,
JOCELYN VUCKOVIC, an individual, Cross-Defendant.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
the Court are five contested motions: Plaintiffs Federal Home
Loan Mortgage Corporation (“Freddie Mac”) and
Ditech Financial LLC's (“Ditech”) Motion for
Reconsideration of Order Granting Defendant Rule 56(d)
Motion, ECF No. 31; Defendant Vegas Property Services,
Inc.'s (“Vegas Property”) Motion to Compel
Discovery, ECF No. 37; Freddie Mac and Ditech's Motion
for Summary Judgment, ECF No. 38; Freddie Mac and
Ditech's Motion to Stay Discovery, ECF No. 39; and Vegas
Property's Motion for Summary Judgment, ECF No. 40.
Mac and Ditech sued Vegas Property on December 12, 2017,
alleging (1) Declaratory Relief under 12 U.S.C. §
4617(j)(3); (2) Quiet Title under 12 U.S.C. §
4617(j)(3); (3) Declaratory Relief under the Fifth and
Fourteenth Amendments to the U.S. Constitution; and (4) Quiet
Title under the Fifth and Fourteenth Amendments to the U.S.
Constitution. ECF Nos. 1, 6 (corrected image of complaint).
The Court stayed this matter, per the parties'
stipulation, pending an appeal to the Ninth Circuit Court of
Appeals on a dispositive issue. ECF No. 15. The stay was
lifted after the Ninth Circuit issued Berezovsky v.
Moniz, 869 F.3d 923 (9th Cir. 2017). ECF No. 16. Freddie
Mac and Ditech then moved for summary judgment, but the Court
denied the motion on July 10, 2018 (“July 2018
Order”) based on Vegas Property's Federal Rule of
Civil Procedure 56(d) motion to delay an order of summary
judgment. ECF Nos. 18, 26.
Property answered the complaint. ECF No. 19. In its answer,
Vegas Property asserted a counterclaim for declaratory relief
and quiet title under Nevada Revised Statute
(“NRS”) 30.010, NRS 40.10, and NRS 116.3116
against Freddie Mac and Ditech. Id. Vegas Property
also asserted the same claim as a crossclaim against Jocelyn
Vuckovic. Id. Freddie Mac and Ditech answered the
counterclaim. ECF No. 28. Vuckovic disclaimed any interest in
this matter and was voluntarily dismissed. ECF Nos. 29, 32.
Mac and Ditech now move for reconsideration of the
Court's July 2018 Order. ECF No. 31. Vegas Property
opposed the motion, and Freddie Mac and Ditech replied. ECF
Nos. 33, 34.
Property now moves to compel discovery. ECF No. 37. Freddie
Mac and Ditech opposed the motion or, in the alternative,
asks the Court to stay discovery until the pending motions
for summary judgment have been resolved. ECF No. 39.
Mac and Ditech now move again for summary judgment. ECF No.
38. Vegas Property also moves for summary judgment. ECF No.
40. Both motions are fully briefed. ECF Nos. 43-46.
matter centers on Freddie Mac's alleged interest in a
property located at 753 Apple Tree Court, Henderson, Nevada
89014. The property sits within a community governed by a
homeowners' association, which requires the community
members to pay community dues.
2003, Vuckovic borrowed funds from ABN AMRO Mortgage Group,
Inc. to purchase the property. The corresponding deed of
trust, which secured the promissory note, was recorded in
April 2003. Freddie Mac purchased the note and the deed of
trust (“the loan”) in May 2003.
August 2007, ABN AMRO merged into CitiMortgage, Inc. The
merger was effective September 1, 2007. CitiMortgage