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Bayview Loan Servicing, LLC v. Romewright Properties, LLC

United States District Court, D. Nevada

July 23, 2019

BAYVIEW LOAN SERVICING, LLC, Plaintiff,
v.
ROMEWRIGHT PROPERTIES, LLC, et al. Defendants.

          ORDER

          JAMES C. MAHAN UNITED STATES DISTRICT JUGDE.

         Presently before the court is plaintiff Bayview Loan Servicing, LLC's ("Bayview") motion for summary judgment. (ECF No. 34). Defendants DW Management, LLC ("DW Management") and Romewright Properties, LLC ("Romewright") filed a response (ECF No. 39), to which Bayview replied (ECF No. 40).

         Also before the court is DW Management and Romewright's motion for summary judgment. (ECF No. 35). Bayview filed a response. (ECF No. 38). DW Management and Romewright did not file a reply and the time to do so has passed.

         I. Facts

         This action arises from a dispute over real property located at 1720 West Bonanza Road, Unit 80, Las Vegas, Nevada 89106 ("the property"). (ECF No. 1).

         Ana Mercedes Garcia purchased the property in September 2003. See (ECF No. 34-1). Garcia financed the purchase with a loan in the amount of $65, 000.00 from Chase Manhattan Mortgage Corp. ("Chase"). Id. Chase secured the loan with a deed of trust, which names Chase as the lender and beneficiary, and National Title Company as the trustee. Id.

         On or about November 13, 2003, Federal Home Loan Mortgage Corporation ("Freddie Mac") purchased the loan, thereby acquiring ownership of the deed of trust. (ECF No. 34-2). Chase remained as the deed of trust's beneficiary in its capacity as a servicer of Freddie Mac. Id.

         On September 15, 2014, Chase assigned the deed of trust to Bayview, which also remained as the deed of trust's beneficiary in its capacity as a servicer of Freddie Mac. (ECF Nos. 34-2, 34-3).

         On July 29, 2015, Desert Garden Homeowners Association, Inc. ("Desert Garden"), through its agent ATC Assessment Collection Group, LLC, recorded a notice of delinquent assessment lien ("the lien") against the property for Garcia's failure to pay Desert Garden in the amount of $2, 576.03. (ECF No. 34-5). On September 9, 2015, Desert Garden recorded a notice of default and election to sell pursuant to the lien, stating that the amount due was $3, 820.06 as of September 1, 2015. (ECF No. 34-6).

         On January 25, 2016, Desert Garden recorded a notice of trustee/foreclosure sale against the property. (ECF No. 34-7). On February 16, 2016, Desert Garden sold the property in a nonjudicial foreclosure sale to Romewright in exchange for $10, 000.00. (ECF No. 34-8). On August 11, 2016, Romewright transferred its ownership interest in the property to DW Management. (ECF No. 34-13).

         On February 16, 2018, Bayview initiated this action. (ECF No. 1). In its amended complaint, Bayview asserts four causes of action: (1) declaratory relief pursuant to 12 U.S.C. § 4617(j)(3); (2) quiet title; (3) declaratory judgment; (4) injunctive relief. (ECF No. 25). On July 16, 2018, Romewright filed and answer and counterclaim, asserting the same causes of action against Bayview. (ECF No. 11). DW Management also asserts a single counterclaim for quiet title. (ECF No. 30).

         Now, the parties have filed cross-motions for summary judgment. (ECF Nos. 34, 35).

         II. Legal Standard

         The Federal Rules of Civil Procedure allow summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that "there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(a). A principal purpose of summary judgment is "to isolate and dispose ...


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