United States District Court, D. Nevada
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR, AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8, WHOSE ADDRESS IS 1761 EAST ST. ANDREW PLACE, SANTA ANA, CA 92705-4934, ITS SUCCESSORS OR ASSIGNS, Plaintiff,
SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; THE VILLAS COMMUNITY ASSOCIATION, a Nevada non-profit corporation; TERRA WEST COLLECTIONS GROUP, LLC d/b/a ABSOLUTE COLLECTIONS MANAGEMENT, Defendants. SFR INVESTMENTS POOL 1, LLC, Counter/Cross Claimant,
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR, AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R8, WHOSE ADDRESS IS 1761 EAST ST. ANDREW PLACE, SANTA ANA, CA 92705-4934, ITS SUCCESSORS OR ASSIGNS; ALAN HECK, an individual, Counter/Cross Defendants.
RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE
the Court are three motions for summary judgment filed by
Defendant The Villas Community Association
Defendant/Cross-Claimant/Counter-Claimant SFR Investments
Pool 1, LLC (“SFR”), and
Plaintiff/Counter-Defendant Deutsche Bank National Trust
Company as Trustee for Ameriquest Mortgage Securities Inc.,
Asset-Backed Pass-Through Certificates, Series 2004-R8, Whose
Address is 1761 East St. Andrew Place, Santa Ana, CA
92705-4934, its Successors or Assigns (“Deutsche
Bank”). ECF Nos. 45, 46, 47.
complaint filed June 27, 2017, Deutsche Bank states five
causes of action: (1) Quiet Title/Declaratory Relief Pursuant
to 28 U.S.C. § 2201, NRS 30.010 et seq., and
NRS 40.010; (2) Declaratory Relief Under Amendments V and XIV
to the United States Constitution; (3) Quiet Title Under the
Amendments V and XIV to the United States Constitution; (4)
Permanent and Preliminary Injunction; and (5) Unjust
Enrichment. ECF No. 1.
reasons stated below, the Court grants Villas's Renewed
Motion for Summary Judgment and denies Deutsche Bank's
Renewed Motion for Summary Judgment. The Court grants in part
and denies in part SFR's Motion for Summary Judgment as
Court finds that the following facts are undisputed and that
no facts are disputed.
about January 3, 2003, Alan Heck purchased the property
located at 9302 Orchid Pansy Avenue, Las Vegas, Nevada 89147
(APN 176-05-211-003) (“the Property”). Heck
financed the purchase of the Property with a loan secured by
a deed of trust recorded on July 9, 2004. The deed of trust
named Ameriquest Mortgage Company (“AMS”) as the
Lender and Beneficiary, and Town and Country Title Services,
Inc. as the Trustee, securing a loan in the amount of $259,
000.00. On February 28, 2009, Deutsche Bank became the
assigned beneficiary under the deed of trust.
April 24, 2012, a Notice of Delinquent Assessment was
recorded against the Property by AMS on behalf of Villas,
indicating that $950.96 was due as of April 23, 2012 for
“assessments, late fees, special assessments, fines,
collection fees, trustee fee, and interest.” On
February 11, 2014, a Notice of Default and Election to Sell
Under Homeowners Association Lien was recorded against the
Property by AMS on behalf of Villas, stating that the amount
due as of February 10, 2014 was $3, 282.10.
August 20, 2014, a Notice of Foreclosure Sale was recorded
against the Property by AMS on behalf of Villas, stating that
the amount due as of the initial publication of the Notice of
Sale was $6, 104.39.
non-judicial foreclosure sale (“HOA sale”)
occurred on September 12, 2014, whereby SFR acquired its
interest, if any, in the Property for $56, 000. Villas
collected $6, 181.21 as part of the sale.
Bank filed its complaint on June 27, 2017. ECF No. 1. Villas
filed its answer on August 2, 2017. ECF No. 9. SFR filed its
answer on September 11, 2017 with a cross-claim against Heck
and a counter-claim against Deutsche Bank. ECF No. 16.
Deutsche Bank filed an answer to SFR's counter-claim on
October 2, 2017. ECF No. 20.
October 17, 2017, the Court entered a scheduling order. ECF
No. 25. On December 8, 2017, a clerk's default was
entered against Terra West Collections Group, LLC. ECF No.
31. Discovery closed on February 18, 2018. ECF No. 36.
March 30, 2018, Villas, SFR, and Deutsche Bank each filed a
Motion for Summary Judgment. ECF Nos. 37, 39, 40. On April 2,
2018, a clerk's default was entered against Heck. ECF No.
April 19, 2018, pursuant to the parties' stipulation, the
Court denied the three pending motions for summary judgment
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. 44. 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, Villas, SFR, and Deutsche Bank each filed a
renewed Motion for Summary Judgment. ECF Nos. 45, 46, 47. The
Court will now lift the stay ...