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Ditech Financial LLC v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

March 31, 2019

DITECH FINANCIAL LLC, Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; DESERT GREENS HOMEOWNERS ASSOCIATION, a Nevada non-profit cooperative corporation, 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. 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).

         Ditech 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.

         For the 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.

         II. FACTUAL BACKGROUND

         The Court summarizes the facts alleged in Ditech's complaint. ECF No. 1.

         On or 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.

         On or 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.

         On or 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 6, 2013.

         On or 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.

         On or 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.

         III. PROCEDURAL BACKGROUND

         Ditech 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. ...


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