United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE.
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).
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
Court finds that the following facts are undisputed.
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.
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.
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.
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.
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.
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.
filed an Answer and its instant Motion for Summary Judgment
on May 17, 2019. ECF Nos. 57, 58. Plaintiff responded, ECF