United States District Court, D. Nevada
JESUS R. MEDINA, an individual as Trustee of the JESUS R. MEDINA AND ANGELICA M. MEDINA REVOCABLE LIVING TRUST, Plaintiff,
BANK OF AMERICA, N.A. a foreign corporation; MTC FINANCIAL INC., dba TRUSTEE CORPS; BAYVIEW LOAN SERVICE, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a nominee for AEGIS WHOLESALE CORPORATION, as beneficiary; BANK OF NEW YORK MELLON, a foreign corporation; DOES I through X; and ROE CORPORATIONS I through X, inclusive, Defendants.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
the Court are Plaintiff Jesus Medina's Motion for
Preliminary Injunction, ECF No. 1-1 at 20, and Motion to
Remand to State Court, ECF No. 11. Also before the Court is
Defendants Bayview Loan Servicing, LLC, Bank of New York
Mellon, Mortgage Electronic Registration Systems, Inc., and
Bank of America, N.A.'s Motion to Dismiss, ECF No. 12.
Court dismisses this action without prejudice for lack of
jurisdiction as the Court finds that this matter falls within
the jurisdiction of the Bankruptcy Court of the Eastern
District of California.
sued Defendants in state court on May 7, 2019. ECF No. 1-1.
On Plaintiff's motion, the state court issued a temporary
restraining order to enjoin Defendants from foreclosing on
Plaintiff's property. Id. Defendants removed the
matter to this Court on May 20, 2019. ECF No. 1. The Court
extended the temporary restraining order, set a hearing on
the motion for preliminary injunction, and ordered briefing
on whether a preliminary injunction should issue. ECF Nos.
parties' stipulation, the Court delayed the hearing on
the preliminary injunction. ECF No. 6. The Court also ordered
briefing on whether the matter should be transferred to the
Eastern District of California for referral to the Bankruptcy
Court. Id. The Court noted that the Bankruptcy Court
had previously approved a cramdown stipulation between
Plaintiff and Defendant Bank of New York Mellon in relation
to the property that Defendants seek to foreclose on.
now moves to remand the matter to state court, ECF No. 11,
and Defendants move to dismiss the matter, ECF No. 12. Both
motions are opposed. ECF Nos. 16, 18. The motion for
preliminary injunction has not been resolved. See
Court has vacated the hearing on the motion for preliminary
injunction, opting to issue a written order instead. ECF No.
14. Since vacating the hearing, Defendants filed a status
report, indicating their intent to foreclose on the property
absent an order enjoining the foreclosure. ECF No. 20.
Court makes the following factual findings. Plaintiff
purchased the property at 230 Wicked Wedge Way, Las Vegas,
Nevada 89148 in 2006. Plaintiff claimed bankruptcy in March
2013 in the Bankruptcy Court of the Eastern District of
California. The bankruptcy action affected and altered the
mortgage payments on the Wicked Wedge property. Specifically,
the Bankruptcy Court issued a cramdown order in 2014
according to a stipulation reached between Plaintiff and
Defendant Bank of New York Mellon. The cramdown order creates
a payment plan on the mortgage of the property, setting the
monthly payment at $1, 281.91.
submitted mortgage payments to Defendants from May 2014 to
January 2017 in the amount of $1, 097.75-not $1, 281.91, the
amount stated in the cramdown order. Plaintiff alleges that
he believed $1, 097.75 was the amount required under the
bankruptcy plan. Defendants accepted the payments and failed
to inform Plaintiff that the monthly payments were
February 2017, Defendants informed Plaintiff that he owed
$12, 819.10 in arrears. Plaintiff has attempted to cure the
deficiency, but Defendants allegedly rebuffed the attempts.
now sues Defendants, alleging three claims: (1) fraud and
slander of title, (2) breach of contract laches waiver, and
(3) breach of duty of good faith and fair dealing. Plaintiff