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Bank of New York Mellon v. Ruddell

United States District Court, D. Nevada

March 31, 2019

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-HY11, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006- HY11, Plaintiff,
v.
EMILY RUDDELL; SFR INVESTMENTS POOL 1, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; WIGWAM RANCH SQUARE HOMEOWNERS ASSOCIATION; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants. SFR INVESTMENTS POOL 1, LLC, Counter-Claimant/Cross-Claimant,
v.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2006-HY11, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006- HY11; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE BENEFICIARY FOR COUNTRYWIDE HOME LOANS, INC.; EMILY RUDDELL, an individual, Counter-Defendant/Cross-Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE.

         I. INTRODUCTION

         Before the Court are renewed Motions for Summary Judgment filed by Plaintiff/Counter-Defendant The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2006-HY11, Mortgage Pass-Through Certificates, Series 2006-HY11 (“BNY”) (ECF No. 55) and by Defendant/Counter-Claimant/Cross-Claimant SFR Investments Pool 1, LLC (“SFR”) (ECF No. 57).

         In the complaint filed April 18, 2018, BNY seeks quiet title/declaratory judgment, an order directing a foreclosure sale, and injunctive relief. ECF No. 1. For the reasons stated below, the Court denies BNY's Motion for Summary Judgment, grants SFR's Motion for Summary Judgment, and dismisses the remainder of BNY's complaint against the remaining Defendants.

         II. FACTUAL BACKGROUND

         The Court finds the following facts to be undisputed, and finds no disputed facts.

         On or about March 27, 2006, Defendant/Cross-Defendant Emily Ruddell purchased real property located at 8601 Little Fox Street, Las Vegas, Nevada 89123 (APN: 177-14-311-079) (“the Property”). Ruddell financed ownership of the property by way of a loan in the amount of $207, 200.00 evidenced by a note and secured by a deed of trust (the senior deed of trust) recorded March 31, 2006.

         The senior deed of trust was assigned to Plaintiff/Counter-Defendant BNY on January 21, 2010.

         On October 7, 2010, Wigwam Ranch Square Homeowners Association (“Wigwam”), through its agent Alessi & Koenig, LLC (“Alessi”), recorded a Notice of Delinquent Assessment. Per the notice, the amount due to the HOA was $801.00, which includes $751.00 of collection and/or attorneys' fees, assessments, interest, late fees, and service charges, and $50.00 of collection costs.

         On January 31, 2011, Wigwam, through its agent Alessi, recorded a Notice of Default and Election to Sell. The notice states the amount due to the HOA was $1, 933.00, but does not specify whether it includes dues, interest, fees and collection costs in addition to assessments.

         On April 11, 2011, Ruddell filed for Chapter 7 bankruptcy protection with the United States Bankruptcy Court, District of Nevada, designated No. 11-14891-BAM. She listed the Property on her bankruptcy schedules. She received her discharge on June 6, 2011, though the bankruptcy was not terminated until June 25, 2013.

         On November 5, 2012, Wigwam, through its agent Alessi, recorded a Notice of Trustee's Sale. The notice states the amount due to the HOA was $3, 979.00.

         Wigwam foreclosed on the property on or about December 5, 2012. A Trustee's Deed in favor of SFR was recorded December 10, 2012. The sale price at the foreclosure sale was $6, 200.00.

         III.PROCEDURAL ...


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