Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ditech Financial, LLC v. Vegas Property Services, Inc.

United States District Court, D. Nevada

March 30, 2019

DITECH FINANCIAL, LLC and FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiffs,
v.
VEGAS PROPERTY SERVICES, INC., Defendant. VEGAS PROPERTY SERVICES, INC., Counter-Claimant,
v.
DITECH FINANCIAL, LLC and FEDERAL HOME LOAN MORTGAGE CORPORATION, Counter-Defendants. VEGAS Property Services, Inc., Cross-Claimant,
v.
JOCELYN VUCKOVIC, an individual, Cross-Defendant.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Before 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.

         II. PROCEDURAL BACKGROUND

         Freddie 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.

         Vegas 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.

         Freddie 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.

         Vegas 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.

         Freddie 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.

         III. FACTUAL BACKGROUND

         a. Undisputed facts

         This 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.

         In 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.

         In August 2007, ABN AMRO merged into CitiMortgage, Inc. The merger was effective September 1, 2007. CitiMortgage ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.