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Ditech Financial LLC v. Clearwater Cove Homeowners Association

United States District Court, D. Nevada

July 26, 2019

DITECH FINANCIAL LLC a Delaware Corporation, Plaintiff,
v.
CLEARWATER COVE HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation; SATICOY BAY LLC SERIES 8891 SANIBEL SHORE AVENUE, a Nevada corporation, RED ROCK FINANCIAL SERVICES, a Nevada corporation, Defendant.

          MICHAEL F. BOHN, ESQ., ADAM R. TRIPPIEDI, ESQ., LAW OFFICES OF MICHAEL F. BOHN, ESQ., LTD., Attorney for defendant Saticoy Bay LLC Series 8891 Sanibel Shore Avenue.

          TYSON & MENDES LLP, Margaret E. Schmidt, Esq., Attorneys for defendant Clearwater Cove Homeowners Association.

          WOLFE & WYMAN, LLP, Andrew A. Bao, Esq., Attorney for plaintiff Ditech Financial, LLC.

          ORDER ON MOTION FOR SUMMARY JUDGMENT

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         The motion of defendant Saticoy Bay LLC Series 8891 Sanibel Shores Avenue for summary judgment (ECF No. 37), and the joinder of Clearwater Cove Homeowners Association (ECF No. 40) having come before the court on the 25th day of July 2019, Andrew A. Bao, Esq. appearing on behalf of plaintiff Ditech Financial, LLC, Michael F. Bohn, Esq. appearing on behalf of defendant Saticoy Bay LLC Series 8891 Sanibel Shores Avenue, and Margaret E. Schmidt, Esq. appearing on behalf of defendant Clearwater Cove Homeowners Association, and the court having reviewed the motions for summary judgment, joinder, oppositions to the motion, and reply and having heard the arguments of counsel, finds as follows.

         FINDINGS OF FACT

         1. The property in issue in this case is the residential real property commonly known as 8891 Sanibel Shore Avenue, Las Vegas, Nevada and further identified by Assessor’s Parcel No. 163-17-719-059. (hereinafter referred to as the “Property”).

         2. The Property is encumbered by CC&R’s in favor of defendant Clearwater Cove Homeowners Association.

         3. Plaintiff Ditech Financial is the beneficiary of a deed of trust which was recorded as an encumbrance to the Property.

         4. The former owner of the Property is Joshua C. Cheng.

         5. Joshua C. Cheng became delinquent in the assessments owed to defendant Clearwater Cove Homeowners Association.

         6. Red Rock Financial Services was the collection agent acting on behalf of Clearwater Cove Homeowners Association.

         7. Red Rock Financial Services acting on behalf of Clearwater Cove Homeowners Association began foreclosure proceedings against the property pursuant to NRS Chapter 116.

         8. On December 14, 2017 the foreclosure sale was conducted, and the property was purchased by Saticoy Bay LLC Series 8891 Sanibel ...


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