United States District Court, D. Nevada
CLEVELAND BROWN, an individual; and SANDRA BROWN, an individual, Plaintiffs,
THE BANK OF NEW YORK MELLON, New York State chartered trust and custody bank; BANK OF AMERICA, N.A.; and ANY PERSON OR ENTITY CLAIMING ANY R IGHT, TITLE OR INTEREST IN OR TO THE PROPERTY SUBJECT OF THIS COMPLAINT TO QUIET TITLE, Defendants.
ORDER FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
case concerns a nonjudicial foreclosure on the property
located at 5070 Rustic Ridge Drive, Las Vegas, Nevada 89148
under Nevada Revised Statute (“NRS”) Chapter 107.
Plaintiffs Cleveland and Sandra Brown allege that Defendant
The Bank of New York Mellon failed to comply with NRS Chapter
107, rendering the initiation of the foreclosure void. The
Court held a bench trial in this case on May 23, 2019. The
Court now rules in favor of Defendant and against Plaintiffs
based on the following findings of fact and conclusions of
sued Defendant on October 21, 2016 in the Eighth Judicial
District Court in Clark County, Nevada. ECF No. 1-1 at 6.
The matter was removed to this Court on December 2, 2016. ECF
single claim survived the filing of early dispositive
motions: Claim Five for Declaratory Relief. ECF No. 24.
Plaintiffs and Defendant both moved for summary judgment on
the claim. ECF Nos. 28, 30. But the Court denied summary
judgement in favor of either party. ECF No. 39.
Court then held a bench trial on May 23, 2019. ECF No. 53.
This order now follows.
JURISDICTION AND VENUE
Court has diversity jurisdiction pursuant to 28 U.S.C. §
1332, as the parties are citizens of different states and the
amount in controversy exceeds $75, 000. Venue is proper
because the property at issue in this matter sits within
Clark County, Nevada.
Rule of Civil Procedure 52(a)(1) requires the Court to
“find the facts specially and state its conclusions of
law separately.” Fed.R.Civ.P. 52(a)(1). The court must
make findings sufficient to indicate the factual basis for
its ultimate conclusion. Kelley v. Everglades Drainage
District, 319 U.S. 415, 422 (1943). The findings must be
“explicit enough to give the appellate court a clear
understanding of the basis of the trial court's decision,
and to enable it to determine the ground on which the trial
court reached its decision.” United States v.
Alpine Land & Reservoir Co., 697 F.2d 851, 856 (9th
Cir.), cert. denied, 464 U.S. 863 (1983) (citations
FINDINGS OF FACT
upon the evidence received at the bench trial, the Court
makes the following findings of fact in this case under the
executed a Deed of Trust on August 1, 2005 to secure the
mortgage loan related to the property located at 5070 Rustic
Ridge Drive, Las Vegas, Nevada 89148. The Deed of Trust was
recorded with the Clark County Recorder's Office in book
number 20050817 as instrument number 0001134 on August 17,
2005. Defendant, Bank of New ...