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Deutsche Bank National Trust Co. v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

March 31, 2019

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,
v.
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,
v.
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.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE

         I. INTRODUCTION

         Before the Court are three motions for summary judgment filed by Defendant The Villas Community Association (“Villas”), 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.

         In the 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.

         For the 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 detailed below.

         II. FACTUAL BACKGROUND

         The Court finds that the following facts are undisputed and that no facts are disputed.

         On or 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.

         On 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.

         On 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.

         A 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.

         III. PROCEDURAL BACKGROUND

         Deutsche 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.

         On 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.

         On 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. 42.

         On 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).

         On 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 ...


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