Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

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 FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF11, Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC, a Nevada limited-liability company; LAMPLIGHT SQUARE @ CORONADO RANCH, LLC, a Nevada limited-liability company; LAMPLIGHT SQUARE @ CORONADO RANCH HOMEOWNERS' ASSOCIATION, a Nevada non-profit corporation; and ALESSI & KOENIG, LLC, a Nevada limited-liability company, Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE.

         I. INTRODUCTION

         Before the Court is Defendant SFR Investments Pool 1, LLC's (“SFR's”) Motion to Dismiss. ECF No. 41. For the reasons stated below, the Court grants the Motion to Dismiss as to all of the claims except the unjust enrichment claim.

         II. FACTUAL BACKGROUND

         The Court summarizes the facts alleged in Deutsch Bank's complaint. ECF No. 1. On May 18, 2006, a deed of trust was recorded subsequent to a borrower's purchase of a property located at 6238 Tillman Crest Avenue, Las Vegas, Nevada 89139, NV 89074 (APN 176- 14-613-035) (“the Property”). The beneficial interest was later transferred to Deutsche Bank on or about October 17, 2011.

         On or about September 30, 2010, a Notice of Delinquent Assessment was submitted on behalf of the HOA for outstanding amounts owed and recorded with the Recorder's Office as Instrument Number 201009300001914.

         On or about February 10, 2011, a Notice of Default and Election to Sell under Homeowners Association Lien was submitted on behalf of the HOA for outstanding amounts owed as of February 7, 2011 and was recorded with the Recorder's Office as Instrument Number 201102100002884.

         On or about August 1, 2011, a Notice of Trustee's Sale was submitted on behalf of the HOA for the outstanding amounts owed and was recorded in the Recorder's Office as Instrument Number 20110801-0002248. The Notice of Trustee's Sale set a foreclosure date of August 31, 2011.

         On or about August 30, 2011, the Borrower filed a Voluntary Petition with the United States Bankruptcy Court, District of Nevada, as Case Number 11-23710-bam. The Bankruptcy Petition, which was served on the HOA, identified the Property as an asset of the bankruptcy estate. The HOA was listed as a creditor in the bankruptcy.

         On January 17, 2012, Deutsche Bank moved for relief from the automatic stay with respect to its interest in the Property. On February 22, 2012, the Bankruptcy Court issued an order granting relief from the automatic stay to Deutsche Bank with respect to the Property.

         On or about February 28, 2012, a Notice of Trustee's Sale was submitted on behalf of the HOA pursuant to the September 30, 2010 Notice of Delinquent Assessment listing outstanding amounts owed and was recorded in the Recorder's Office as Instrument Number 201202280001041. The Notice of Trustee's Sale set a foreclosure date of March 21, 2012.

         On or about February 14, 2013, a Trustee's Deed upon Sale was recorded with the Recorder's Office as Instrument Number 201302140003174, documenting the purchase of the Property at public auction on July 18, 2012.

         III. PROCEDURAL BACKGROUND

         Deutsche Bank filed its complaint on May 26, 2017. ECF No. 1. Lamplight at Coronado Ranch Homeowners' Association (“the HOA”) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.