United States District Court, D. Nevada
C. MAHAN UNITED STATES DISTRICT JUGDE.
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).
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.
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).
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
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.
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).
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).
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).
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).
the parties have filed cross-motions for summary judgment.
(ECF Nos. 34, 35).
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 ...