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.

CitiMortgage, Inc. v. Help for Homeowners, Inc.

United States District Court, D. Nevada

March 31, 2019

CITIMORTGAGE, INC., Plaintiff,
v.
HELP FOR HOMEOWNERS, INC., and JOSHUA LOHRMAN, Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Before the Court are two motions: (1) Defendant Help for Homeowners, Inc's (“HFH”) Motion to Dismiss, ECF No. 26; and (2) Plaintiff CitiMortgage, Inc.'s Motion for Judgment on the Pleadings, ECF No. 28.

         II. PROCEDURAL BACKGROUND

         This matter arises from a nonjudicial foreclosure sale conducted by a homeowners' association under Nevada Revised Statutes (“NRS”) Chapter 116 in 2013. ECF No. 1.

         CitiMortgage sued HFH and Joshua Lohrman on October 30, 2017, alleging two claims: declaratory relief under the Fifth and the Fourteenth Amendment to the federal constitution and quiet title under the Fifth and the Fourteenth Amendment to the federal constitution. Id. CitiMortgage also filed a notice of lis pendens. ECF No. 3.

         On CitiMortgage's motion, the Clerk of the Court entered default against Joshua Lohrman on December 6, 2017. ECF Nos. 10, 12.

         HFH filed a motion to dismiss on January 26, 2018. ECF No. 20. But the motion was dismissed without prejudice when the Court stayed this matter pending resolution of a question certified to the Nevada Supreme Court. ECF No. 24. The Nevada Supreme Court issued its decision on the certified question in August 2018.

         HFH now moves again to dismiss the complaint. ECF No. 26. CitiMortgage opposed the motion, and HFH replied. ECF Nos. 27, 29.

         CitiMortgage moves for judgment on the pleadings. ECF No. 28. HFH opposed the motion, and HFH replied. ECF Nos. 30, 31.

         III. FACTUAL BACKGROUND

         The Complaint alleges the following facts:

         This matter concerns a property located at 8400 Running Deer Avenue #202, Las Vegas, NV 89145. The property is subject to a declaration of covenants, conditions, and restrictions for the Indian Wells Community Association (“the HOA”).

         On January 31, 2001, Upender F. Chopra obtained title to the property evidenced by a Grant Deed recorded in the Office of the Clark County Recorder on February 27, 2001. On February 15, 2006, Chopra obtained a loan from CitiBank (West), FSB (“CitiBank”) in the amount of $127, 200.00. To obtain the loan, Chopra executed a promissory note (“note”) in favor of CitiBank and a deed of trust to secure repayment of the loan. The deed of trust was recorded on April 11, 2006. The deed of trust identified Chopra as the borrower and CitiBank as the Lender and ...


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.