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Inc. v. Haddad

United States District Court, D. Nevada

March 31, 2019

WELLS FARGO FINANCIAL NEVADA 2, INC., a Nevada corporation, Plaintiff,
v.
EDDIE HADDAD, an individual; DESERT INN MOBILE FAMILY ESTATES OWNERS ASSOCIATION; a Nevada nonprofit corporation; VIAL FOTHERINGHAM LLP, an Oregon limited-liability partnership; Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Before the Court is Defendant Eddie Haddad's Renewed Motion to Dismiss. ECF No. 41. Plaintiff Wells Fargo Financial Nevada 2, Inc. opposed the motion, ECF No. 42, and Defendant replied, ECF No. 43.

         II. PROCEDURAL BACKGROUND

         This matter arises from a nonjudicial foreclosure sale conducted by a homeowners' association under Nevada Revised Statutes (“NRS”) Chapter 116 in March 2015. ECF No. 1.

         Plaintiff sued Defendant on May 26, 2017.[1] Id. Plaintiff asserts six claims: (1) quiet title or declaratory relief under the Takings Clause of the Fifth and the Fourteenth Amendment to the federal constitution; (2) quiet title or declaratory relief under the Due Process Clause of the Fifth and the Fourteenth Amendment to the federal constitution; (3) wrongful foreclosure; (4) violation of NRS 116.1113 et seq.; (5) quiet title; and (6) unjust enrichment. Id. Plaintiff also filed a notice of lis pendens. ECF No. 4.

         Defendant moved to dismiss the complaint on October 19, 2017. ECF No. 28. The Court dismissed the motion without prejudice and stayed the matter on July 13, 2018, pending resolution of a certified question before the Nevada Supreme Court. ECF No. 40. The Nevada Supreme Court issued its decision on the certified question in August 2018.

         Defendant now moves to dismiss the complaint again. ECF No. 41.

         III. FACTUAL BACKGROUND

         The complaint alleges the following:

         This matter concerns the parties' interests in the property located at 3658 Death Valley Drive, Las Vegas, NV 89122. The property is governed by the community's recorded Conditions, Covenants & Restrictions (“CC&Rs”). The CC&Rs contain a mortgage savings clause, which states that any lien on the property is not superior to a deed of trust recorded against the property. The community is governed by a homeowner's association: Desert Inn Mobile Family Estates Owners Association (“the HOA”).

         On May 12, 2006, nonparties Mary Mullinax and Ellen Mullinax executed a promissory note for $112, 319.37. The note was secured by a deed of trust in favor of Plaintiff as the lender. The deed of trust therefore encumbered the property. The deed of trust was recorded by on May 17, 2006. Plaintiff owns the note and the deed of trust.

         On June 3, 2014, Goodman Law Offices submitted a notice of delinquent assessment for recording on behalf of the HOA. The notice of delinquent assessment did not state that it regarded a super-priority lien and did not indicate in any way that it regarded a lien superior to Plaintiff's deed of trust.

         On September 12, 2014, a notice of default and election to sell real property (“notice of default”) was recorded by Vial Fotheringham LLP on behalf of the HOA for outstanding amounts owed. Like the notice of delinquent assessment, the notice of default did not state that it regarded a super-priority lien or a lien superior to Plaintiff's deed of trust.

         On February 17, 2015, a notice of foreclosure sale was recorded by Vial on behalf of the HOA for outstanding amounts owed. The notice of foreclosure sale also failed to indicate that the sale would foreclose on a ...


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