United States District Court, D. Nevada
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,
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,
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.
RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE.
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).
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
Court finds the following facts to be undisputed, and finds
no disputed facts.
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.
senior deed of trust was assigned to
Plaintiff/Counter-Defendant BNY on January 21, 2010.
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.
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.
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.
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.
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.