United States District Court, D. Nevada
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.
45), Plaintiff Ditech Financial LLC's
(“Ditech's”) Counter-Motion for Summary
Judgment (ECF No. 49), SFR's Motion to Strike
Plaintiff's Counter-Motion for Summary Judgment (ECF No.
52), Desert Greens Homeowners Association's
(“Desert Greens's”) Renewed Motion to Dismiss
(ECF No. 53), Desert Greens's Renewed Motion for Summary
Judgment (ECF No. 54), and Desert Greens's Motion to
Strike SFR's Response to Desert Greens's Motion to
Dismiss (ECF No. 61).
seeks quiet title/declaratory judgment and injunctive relief
based on allegations of wrongful foreclosure violating
Housing and Economic Recovery Act of 2008, the federal
constitution, and Nevada statutes. ECF No. 1.
reasons stated below, the Court finds that the statute of
limitations has run to preclude Ditech's claims in their
entirety. The Court therefore grants SFR's Renewed Motion
to dismiss and Desert Greens's Renewed Motion to Dismiss,
and denies all other pending motions as moot.
Court summarizes the facts alleged in Ditech's complaint.
ECF No. 1.
about October 9, 2003, Larry Rury and Linda Rury obtained
title to property located at 5241 Crooked Valley Drive, Las
Vegas, Nevada 89149 (APN 125-34-218-021) (“the
Property”). The deed of trust was recorded in the
Recorder's Office on January 30, 2008 and showed Larry
Rury and Linda Rury as the borrowers, Homecomings Financial,
LLC as the Lender, and Mortgage Electronic Registration
Systems, Inc. (“MERS”) as beneficiary of record
of the deed of trust solely as nominee for Lender and
Lender's successors and assigns.
about February 2008, Freddie Mac acquired ownership of the
loan, including the note and deed of trust. On September 6,
2008, the Director of the Federal Housing Finance Agency
(“FHFA”) placed Freddie Mac into conservatorship
and appointed FHFA as Conservator.
about July 10, 2012, MERS assigned the deed of trust to GMAC
Mortgage, LLC (“GMAC”). On or about July 12,
2012, GMAC assigned the deed of trust to Freddie Mac. Freddie
Mac was the record beneficiary of the deed of trust on March
about February 22, 2012, Desert Greens recorded a Notice of
Delinquent Assessment against the Property, stating the
amount due was $1, 156.79, including collection and/or
attorney fees and collection costs. On or about July 22,
2013, a Notice of Default and Election to Sell Under
Homeowners Association Lien was recorded against the Property
on behalf of Desert Greens, stating the amount due was $2,
488.54. On or about February 5, 2013, a Notice of
Trustee's Sale was recorded against the Property on
behalf of Desert Greens, stating the amount due was $4,
235.29. Upon information and belief, pursuant to a
Trustee's Deed Upon Sale recorded against the Property on
March 18, 2013, a non-judicial foreclosure sale occurred on
March 6, 2013 and SFR was the successful bidder for the sum
of $7, 700.
about March 7, 2013 Freddie Mac assigned the deed of trust to
Ocwen Loan Servicing, LLC (“Ocwen”). On or about
October 21, 2015, Ocwen assigned the deed of trust to
Residential Credit Solutions, Inc. (“RCS”). On or
about July 25, 2016, RCS assigned the deed of trust to
Ditech. Ditech is currently the servicer of the loan for
Freddie Mac, and in that capacity, the record beneficiary of
the deed of trust for Freddie Mac.
filed its complaint on June 27, 2017. ECF No. 1. On October
9, 2017, Desert Greens filed a Motion to Dismiss. ECF No. 14.
On December 11, 2017, SFR filed a Motion to Dismiss. ...