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U.S. Bank National Association v. SFR Investments Pool 1 LLC

United States District Court, D. Nevada

March 31, 2019

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSETBACKED CERTIFICATES, SERIES 2006-3, Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC; EL CAPITAN RANCH LANDSCAPE MAINTENANCE ASSOCIATION, Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE

         I. INTRODUCTION

         Before 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).

         Plaintiff 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 No. 1.

         For the 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.

         II. FACTUAL BACKGROUND

         The Court summarizes the facts alleged in U.S. Bank's complaint. ECF No. 1.

         On or 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 Property”).

         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.

         On 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.

         On 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.

         On 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.

         Upon 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.

         III. ...


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