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.

Brown v. Bank of New York Mellon

United States District Court, D. Nevada

June 9, 2019

CLEVELAND BROWN, an individual; and SANDRA BROWN, an individual, Plaintiffs,
v.
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 COURT TRIAL

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This 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 law.

         II. PROCEDURAL HISTORY

         Plaintiffs sued Defendant on October 21, 2016 in the Eighth Judicial District Court in Clark County, Nevada.[1] ECF No. 1-1 at 6. The matter was removed to this Court on December 2, 2016. ECF No. 1.

         A 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.

         The Court then held a bench trial on May 23, 2019. ECF No. 53. This order now follows.

         III. JURISDICTION AND VENUE

         This 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.

         IV. LEGAL STANDARD

         Federal 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 omitted).

         V. FINDINGS OF FACT

         Based upon the evidence received at the bench trial, the Court makes the following findings of fact in this case under the applicable standard.

         Plaintiffs 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 ...


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.