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Nationstar Mortgage LLC v. Hidden Canyon Owners Association

United States District Court, D. Nevada

July 26, 2019

NATIONSTAR MORTGAGE, LLC, Plaintiff,
v.
HIDDEN CANYON OWNERS ASSOCIATION & SHELLEY FISHER, Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE.

         I. INTRODUCTION

         Before the Court are Plaintiff Nationstar Mortgage, LLC's Motion for Partial Summary Judgment (ECF No. 56), Defendant Hidden Canyon Owners Association's Motion for Summary Judgment (ECF No. 58), and Defendant Shelley Fisher's Motion for Summary Judgment (ECF No. 72).

         Plaintiff filed its Complaint on December 16, 2016 stating several claims arising from a March 30, 2011 foreclosure sale. For the reasons stated below, the Court finds that the statute of limitations has run on each of Plaintiff's claims and therefore grants each Defendant's Motion for Summary Judgment.

         II. FACTUAL BACKGROUND

         The Court finds that the following facts are undisputed.

         On or about March 9, 2005, Fisher purchased the property at 3856 Debussy Way, North Las Vegas, Nevada 89032 by way of loan from Countrywide Home Loans, Inc. in the amount of $199, 900.00, secured by a deed of trust recorded against the property on March 14, 2005. The deed of trust named Mortgage Electronic Registration Systems as beneficiary and was eventually assigned to Nationstar Mortgage, LLC (“Nationstar”) in October 2013.

         Hidden Canyon Owners Association (“Hidden Canyon”), through its trustee Alesssi, recorded a notice of delinquent assessment lien against the property on June 8, 2009, stating that the amount due was $623.62. Hidden Canyon, through Alessi, recorded a notice of default and election to sell to satisfy the lien on September 1, 2009, stating that the amount due was $1, 415.30. Hidden Canyon, through Alessi, recorded a notice of foreclosure sale on February 18, 2010. Hidden Canyon, through Alessi, recorded a second notice of foreclosure sale on September 16, 2010, stating the amount due was $1, 966.49.

         Hidden Canyon conducted a foreclosure sale on March 23, 2011, purchasing the property for a credit bid of $2, 984.50. The Trustee's Deed Upon Sale was recorded on March 30, 2011.

         III. PROCEDURAL BACKGROUND

         Plaintiff filed the Complaint on December 16, 2016 and an Amended Complaint on January 6, 2017. ECF Nos. 1, 9. Fisher filed an Answer on April 14, 2017. ECF No. 15.

         This matter was administratively stayed on October 25, 2017, pending the Ninth Circuit's decision in Bourne Valley Court Trust v. Wells Fargo Bank. ECF No. 29. The stay in this matter was lifted on April 10, 2019. ECF No. 53.

         Plaintiff filed the instant Motion for Partial Summary Judgment on May 16, 2019. ECF No. 56. The HOA responded, ECF No. 62, and Plaintiff replied, ECF No. 64.

         The HOA filed an Answer and its instant Motion for Summary Judgment on May 17, 2019. ECF Nos. 57, 58. Plaintiff responded, ECF ...


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