United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE
the Court are Defendant/Counter-Claimant/Cross-Claimant SFR
Investments Pool 1, LLC's (“SFR's”)
Renewed Motion for Summary Judgment (ECF No. 50),
Plaintiff/Counter-Defendant Carrington Mortgage Services,
LLC's (“Carrington's”) Renewed Motion for
Summary Judgment (ECF No. 51), and Defendant Tapestry at Town
Center Homeowners Association's (“the
HOA's”) Counter Motion for Summary Judgment (ECF
complaint filed May 9, 2017, Carrington seeks quiet
title/declaratory judgment and injunctive relief based on
allegations of wrongful foreclosure violating the federal
constitution and Nevada statutes. ECF No. 1. For the reasons
stated below, the Court grants in part and denies in part all
Court finds that the following facts are undisputed.
about February 27, 2008, Esther Marin and Rosa Linares
(“the borrowers”) purchased property located at
9141 Captivating Avenue, Las Vegas, Nevada 89149 (“the
Property”). The borrowers financed ownership of the
property by way of a loan in the amount of $162, 649.00
evidenced by a note and secured by a deed of trust (the
senior deed of trust) recorded February 29, 2008.
borrowers failed to pay the HOA all amounts due to it. On May
5, 2010, the HOA, through its agent Assessment Management
Services (“AMS”), recorded a notice of claim of
delinquent assessment lien. Per the notice, the amount due to
the HOA was $1, 169.04, which includes assessments, late
fees, special assessments, fines, collection fees, trustee
fees, and interest.
April 23, 2012, the HOA, through its agent AMS, recorded a
notice of default and election to sell under homeowners
association lien. The notice states the amount due to the HOA
was $3, 130.42, which may include assessments, late fees,
special assessments, collection fees, trustee fees, and
February 26, 2014, the HOA, through its agent AMS, recorded a
notice of foreclosure sale. The notice states the amount due
to the HOA was $7, 118.63, which may include assessments,
late fees, special assessments, collection fees, and
foreclosed on the property on or about March 21, 2014. A
foreclosure deed in favor of SFR was recorded April 2, 2014.
parties dispute whether the Property is insured by the
Federal Housing Administration (“FHA”), whether
the deed of trust was properly assigned to Carrington, and
whether tender was offered and/or rejected.
tender, Carrington alleges that Miles, Bauer, Bergstrom and
Winters on behalf of Bank of America sent the HOA and its
foreclosure agent AMS a letter dated May 23, 2012 requesting
sufficient information to identify nine months' of common
assessments and offering to pay that sum. Carrington alleges
that the HOA and AMS refused to identify the super-priority
amount, but provided a ledger indicating the monthly
assessment amount was $66.00. Nine months of monthly
assessments totals $594, and Bank of America allegedly
tendered $988.00 to the HOA to satisfy the super-priority
lien-nearly $400.00 more than the actual super-priority
amount. AMS allegedly rejected the payment.
filed its Complaint on April 13, 2017. ECF No. 1. The HOA
filed an answer on May 24, 2017. ECF No. 11. SFR filed on
answer on June 26, 2017, with a cross-claim against Esther
Marin and a counter-claim against Carrington. ECF No. 22.
26, 2017, the Court entered a scheduling order. ECF No. 20.
filed an answer to the counter-claim on June 30, 2017. ECF
No. 24. Terra West Collections Group LLC filed an answer on
July 10, 2017. ECF No. 25.
closed on November 20, 2017. ECF No. 20. On December 8, 2017,
the Clerk of Court entered default as to Esther Marin. ECF
December 18, 2017, Carrington filed a Motion for Summary
Judgment. ECF No. 38. On December 20, 2017, SFR filed a
Motion for Summary Judgment. ECF No. 39.
12, 2018, the Court denied all pending motions without
prejudice and issued a stay in the case pending the Nevada
Supreme Court's decision on a certified question of law
regarding NRS 116's notice requirement in Bank of
N.Y. Mellon v. Star Hill Homeowners Ass'n, No.
2:16-cv-02561-RFB-PAL. ECF No. 49. The Nevada Supreme Court
published an answer to the certified question on August 2,
2018. SFR Investments Pool 1, LLC v. Bank of New York
Mellon, 422 P.3d 1248 (Nev. 2018).
August 23, 2018, SFR and Carrington each filed the instant
Renewed Motions for Summary Judgment. ECF Nos. 50, 51. On
September 14, 2018, the HOA filed the instant Counter Motion
for Summary Judgment. ECF No. 56.
Court now lifts the stay in this case and considers all