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Saticoy Bay LLC v. Green Tree Servicing, LLC

United States District Court, D. Nevada

June 9, 2019

SATICOY BAY LLC SERIES 452 CROCUS HILL, Plaintiff,
v.
GREEN TREE SERVICING, LLC, a Delaware limited liability company; QUALITY LOAN SERVICE CORPORATION, a California corporation, Defendants. GREEN TREE SERVICING, LLC, a Delaware limited liability company, Counter-Claimant,
v.
SATICOY BAY LLC SERIES 452 CROCUS HILL, a Nevada limited liability company, Counter-Defendant. GREEN TREE SERVICING, LLC, a Delaware limited liability company, Third-Party Plaintiff,
v.
ASSESSMENT MANAGEMENT SERVICES, INC., a Nevada corporation; SAN MARCOS AT SUMMERLIN HOMEOWNERS ASSOCIATION, a Nevada non-profit, corporation, Third-Party Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Before the Court are two contested motions: Defendant Green Tree Servicing, LLC's Motion for Summary Judgment, ECF No. 48, and Plaintiff Saticoy Bay LLC Series 452 Crocus Hill's Motion for Summary Judgment, ECF No. 52.

         II. PROCEDURAL BACKGROUND

         Plaintiff Saticoy Bay LLC Series 452 Crocus Hill sued Defendants Green Tree Servicing, LLC and Quality Loan Service Corporation on April 23, 2015 in state court. ECF No. 1 at 9. Defendants removed the matter to this Court on May 27, 2015 on the basis of diversity jurisdiction. ECF No. 1.

         In the Complaint, Saticoy Bay alleges that it obtained title of a Las Vegas property by way of a nonjudicial foreclosure conducted by the governing homeowners' association under Chapter 116 of the Nevada Revised Statutes (“NRS”) in 2014. ECF No. 1 at 9-10. Saticoy Bay contends that the foreclosure extinguished a deed of trust that encumbered the property at the time of the foreclosure. Id. Because Green Tree filed a notice of default and election to sell after the foreclosure, Saticoy Bay asserts three claims: (1) injunctive relief to prohibit Green Tree from foreclosing on the property under its interests to the deed of trust; (2) declaratory relief under NRS 40.010 that Saticoy Bay purchased the property free and clear of the deed of trust; and (3) declaratory relief under NRS 40.010 that the deed of trust was extinguished by the foreclosure sale. Id. at 9 -11.

         Green Tree answered the Complaint on June 1, 2015. ECF No. 5. It asserts the following counterclaims against Saticoy Bay: (1) quiet title or declaratory relief, finding the deed of trust survived the foreclosure sale; (2) permanent and preliminary injunctive relief to prohibit Saticoy Bay from selling, transferring, or encumbering the property with claims that its interest is superior to that of Green Tree; (3) wrongful foreclosure; (4) negligence; (5) negligence per se; (6) breach of contract; (7) misrepresentation; (8) unjust enrichment; and (9) declaratory relief that Green Tree's interest is superior to that of Saticoy Bay or that the foreclosure is not valid. Id. Green Tree asserted certain claims as third-party claims against the governing homeowners' association and its trustee, San Marcos at Summerlin Homeowners (“the HOA”) and Assessment Management Services (“AMS”), respectively.

         The parties filed motions for summary judgment, which were denied without prejudice on March 2, 2017. ECF Nos. 24, 26, 33. When denying the motion, the Court also stayed this matter pending the resolution of an appeal from the Ninth Circuit's decision in Bourne Valley Court Tr. v. Wells Fargo Bank, NA, 832 F.3d 1154, 1159-60 (9th Cir. 2016) and from the Nevada Supreme Court's decision in Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortg., a Div. of Wells Fargo Bank, N.A., 388 P.3d 970, 974 (Nev. 2017). The stay was lifted on September 17, 2018, and the refiling of dispositive motions was ordered. ECF No. 41. Green Tree now moves for summary judgment, ECF No. 48, as does Saticoy Bay, ECF No. 52. Both motions were fully briefed. ECF Nos. 55-57, 60-61.

         III. FACTUAL BACKGROUND

         The Court makes the following findings of undisputed and disputed facts.[1]

         a. Undisputed facts

         This matter concerns a nonjudicial foreclosure on a property located at 452 Crocus Hill Street, Las Vegas, Nevada 89138. The property sits in a community governed by the HOA. The HOA requires the community members to pay community dues.

         Jung Sun Kim and June Young Kim borrowed funds from KH Financial, L.P. to purchase the property in 2003. To obtain the loan, the Kims executed a promissory note and a corresponding deed of trust to secure repayment of the note. The deed of trust, which lists the Kims as the borrowers and KH Financial as the lender and the beneficiary, was recorded on July 31, 2003. KH Financial assigned the deed of trust to Bank of America, N.A. in August 2011. Bank of America then assigned the deed of trust to Green Tree on August 28, 2013.

         The Kims failed to pay the required HOA dues. Thus, in June 2013, the HOA recorded a notice of delinquent assessment lien. The HOA subsequently recorded a notice of default and election to sell and then a notice of foreclosure sale. On October 30, 2014, the HOA held a foreclosure sale on the property under NRS Chapter 116. Saticoy Bay purchased the property at ...


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