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Nationstar Mortgage, LLC v. Flamingo Trails No. 7 Landscape Maintenance Association, Inc.

United States District Court, D. Nevada

September 6, 2019

NATIONSTAR MORTGAGE, LLC, Plaintiff,
v.
FLAMINGO TRAILS NO. 7 LANDSCAPE MAINTENANCE ASSOCIATION, INC., et al., 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. 98) and Defendant SFR Investments Pool 1's (“SFR's”) Motion for Summary Judgment (ECF No. 99).

         For the 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.

         II. FACTUAL BACKGROUND

         a. Undisputed Facts

         The Court finds that the following facts are undisputed.

         In 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. (“Flamingo”).

         Flamingo, 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.

         Flamingo, 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.

         III. PROCEDURAL BACKGROUND

         Plaintiff 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

         This 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.

         Plaintiff filed the instant Motion for Partial Summary Judgment on May 13, 2019. ECF No. 98. SFR responded on May 22, 2019. ECF No. ...


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