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. 98) and Defendant SFR
Investments Pool 1's (“SFR's”) Motion for
Summary Judgment (ECF No. 99).
reasons stated below, the Court finds that Plaintiff can
demonstrate no legally cognizable basis for quiet title or
defect in the foreclosure sale. The Court therefore grants
summary judgment in favor of Defendants.
Court finds that the following facts are undisputed.
August 2005, Elena V. Tillotson purchased the property at
4230 Quilting Bear Street, Las Vegas, Nevada 89147 and
financed the property with a $280, 000 loan from Realty
Mortgage Corporation in August 2005. She secured the loan
with a deed of trust. The deed of trust names Mortgage
Electronic Registration Systems, Inc. (“MERS”) as
the original beneficiary. MERS assigned the deed of trust to
Aurora Loan Services LLC (“Aurora”) in June 2011.
Aurora assigned the deed of trust to Plaintiff in July 2013.
The property is governed by Covenants, Conditions and
Restrictions (“CC&Rs”) imposed by Flamingo
Trails No. 7 Landscape Maintenance Association, Inc.
through Nevada Association Services, Inc.
(“NAS”), recorded a notice of delinquent
assessment lien on May 29, 2012. It states the borrower owed
a total of $728.50 but does not provide the
“superpriority” amount or advise that Flamingo
intended to foreclose a “superpriority lien.”
Flamingo, through NAS, recorded a notice of default and
election to sell under homeowners' association lien on
July 18, 2012. It states borrower owed $1, 851.50 but does
not provide the superpriority amount or advise Flamingo
intended to foreclose a superpriority lien.
through NAS, recorded a notice of foreclosure sale in January
2013. It foreclosed on January 25, 2013. SFR purchased the
property for $17, 000 at the sale.
filed the Complaint on July 6, 2015. ECF No. 1. SFR filed an
Answer and Counter-claim on July 31, 2015. ECF No. 11.
Plaintiff filed an Answer on April 26, 2019. ECF No. 97.
Flamingo filed an Answer on September 25, 2015 and an Amended
Answer on October 15, 2015. ECF Nos. 20, 23
matter was administratively stayed on August 23, 2016,
pending the Ninth Circuit's decision in Bourne Valley
Court Trust v. Wells Fargo Bank, 832 F.3d 1154 (9th Cir.
2016). ECF No. 84. The stay in this matter was lifted on
April 8, 2019. ECF No. 92.
filed the instant Motion for Partial Summary Judgment on May
13, 2019. ECF No. 98. SFR responded on May 22, 2019. ECF No.