United States District Court, D. Nevada
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSETBACKED CERTIFICATES, SERIES 2006-3, Plaintiff,
SFR INVESTMENTS POOL 1, LLC; EL CAPITAN RANCH LANDSCAPE MAINTENANCE ASSOCIATION, Defendants.
RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE
the Court are Defendant SFR Investments Pool 1, LLC's
(“SFR's”) Renewed Motion to Dismiss (ECF No.
35), SFR's Motion to Stay (ECF No. 42), Defendant El
Capitan Ranch Landscape Maintenance Association (“the
HOA's”) Motion to Dismiss (ECF No. 45), the
HOA's Motion for Summary Judgment (ECF No. 63), and
SFR's Motion for Summary Judgment (ECF No. 64).
U.S. Bank National Association as Trustee for Ownitt Mortgage
Loan Trust, Mortgage Loan Asset-Backed Certificates4, Series
2006-3 (“U.S. Bank”) has asserted the following
claims against SFR and/or the HOA: (1) Quiet
Title/Declaratory Relief Pursuant to 28 U.S.C. § 2201,
NRS 30.010 and NRS 40.010, (2) Declaratory Relief Under
Amendments V and XIV to the U.S. Constitution, (3) Quiet
Title Under the Amendments V and XIV to the U.S.
Constitution, (4) Permanent and Preliminary Injunction, (5)
Unjust Enrichment, and (6) Fraud in the Inducement, or
alternatively Promissory Estoppel and Breach of Contract. ECF
reasons stated below, the Court grants El Capitan's
Motion to Dismiss and denies its Motion for Summary Judgment
as moot. The Court grants in part and denies in part
SFR's Renewed Motion to Dismiss, grants in part and
denies its Motion for Summary Judgment, and denies its Motion
to Stay as moot. U.S. Bank proceeds in this matter only as to
its unjust enrichment claim against SFR regarding its alleged
payment of taxes, insurance or HOA assessments.
Court summarizes the facts alleged in U.S. Bank's
complaint. ECF No. 1.
about November 14, 2005, Henry Lujan Jr. purchased real
property located at 8768 Autumn Wreath Avenue, Las Vegas,
Nevada 89129 (APN: 138-08-613-013) (“the
Deed of Trust executed by Lujan identified Ownit Mortgage
Solutions, Inc. as the Lender, First American Title as the
Trustee, and Mortgage Electronic Registration Systems, Inc.
(“MERS”) solely as a nominee for Lender and
Lender's successors and assigns, securing a loan in the
amount of $250, 000.00. On December 28, 2011, an Assignment
of Deed of Trust was recorded in which MERS as nominee for
Ownit Mortgage Solutions, Inc. assigned all beneficial
interest in the Deed of Trust to U.S. Bank.
March 31, 2010, a Notice of Delinquent Assessment was
recorded against the Property by Alessi & Koenig, LLC
(the “HOA Trustee”) on behalf of the HOA.
August 31, 2010, a Notice of Default and Election to Sell
under Homeowners Association Lien was recorded against the
Property by the HOA Trustee on behalf of the HOA, stating
that the amount due as of July 2, 2010 was $1, 703.00.
August 14, 2012, a Notice of Trustee's Sale was recorded
against the Property by the HOA Trustee on behalf of the HOA,
stating that the amount due as of the initial publication of
the Notice of Sale was $2, 869.00.
information and belief, pursuant to the Trustee's Deed
Upon Sale, a nonjudicial foreclosure sale occurred on
December 12, 2012 whereby SFR acquired its interest, if any,
in the Property for $10, 000.00. The Trustee's Deed Upon
Sale stated that the amount of the unpaid debt together with
costs at the time of the HOA Sale was $3, 577.00.