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Bank of America, N.A. v. Elkhorn Community Association

United States District Court, D. Nevada

September 11, 2019

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff,
v.
ELKHORN COMMUNITY ASSOCIATION; RLP COGBURN LLC; and ATC ASSESSMENT COLLECTION GROUP, LLC FKA ANGIUS & TERRY COLLECTIONS, LLC, Defendants. AND RELATED CLAIMS.

          DARREN T. BRENNER, ESQ. JAMIE K. COMBS, ESQ. AKERMAN LLP ATTORNEYS FOR PLAINTIFF AND COUNTER-DEFENDANT BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP

          APPROVED AS TO FORM:EDWARD D. BOYACK, ESQ. COLLI C. MCKIEVER, ESQ. BOYACK ORME &ANTHONY ATTORNEYS FOR DEFENDANT AND CROSS-DEFENDANT ELKHORN COMMUNITY ASSOCIATION

          FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER RE: BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP'S MOTION FOR PARTIAL SUMMARY JUDGMENT [ECF NO. 42]

          The Honorable Richard F. Boulware, II United States District Judge.

         Plaintiff and counter-defendant Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP (BANA)'s motion for partial summary judgment, ECF No. 42, and defendant, Elkhorn Community Association's Motion for Summary Judgment, ECF No. 43, came on for hearing on July 30, 2019. For the reasons stated on the record, the court granted BANA's motion, ECF No. 42, found Elkhorn's foreclosure sale did not extinguish BANA's deed of trust, and dismissed all defendant, counterclaimant and cross-claimant RLP Cogburn, LLC (RLP)'s claims. The court also makes the following findings of fact and conclusions of law supporting its decision to grant BANA's motion for partial summary judgment, ECF No. 42, and to grant the HOA's Motion for Summary Judgment, ECF No. 43, as to the claims of co-defendant, RLP, asserted against the HOA:

         The court finds the following facts are undisputed:

         1. Travis Davis obtained a $237, 276 loan from Countrywide Bank, FSB in 2007 (the loan).

         2. Mr. Davis secured the loan with a deed of trust recorded against the property located at 7313 Cogburn Street, Las Vegas, Nevada 89131-4529, dated December 28, 2007 and recorded with the Clark County Recorder on January 2, 2008, as Instrument No. 20080102-0000962 (the deed of trust), more fully described as:

LOT TWENTY-SIX (26) IN BLOCK ONE (1) OF ELKHORN SPRINGS - PARCEL 5A, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 65 OF PLATS, PAGE 81, AND AMENDED BY CERTIFICATE OF AMENDMENT RECORDED JANUARY 26, 1995 IN BOOK 950126 AS DOCUMENT NO. 00906 AND BY CERTIFICATE OF AMENDMENT RECORDED MARCH 5, 1998 IN BOOK 980305 AS DOCUMENT NO. 00906, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA
TOGETHER WITH A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 16, TOWNSHIP 19 SOUTH, RANGE 60 EAST M.D.M., CITY OF LAS VEGAS, CLARK COUNTY, STATE OF NEVADA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER (SW 1/4) OF THE SOUTHEAST (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 16 AS SHOWN BY MAP THEREOF ON FILE IN SAID FILE 77, PAGE 12 OF SURVEYS: THENCE SOUTH 00° 19'01" WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 16, A DISTANCE OF 472.55 FEET TO THE POINT OF BEGINNING:
THENCE SOUTH 00°19'01" WEST, A DISTANCE OF 50.50 FEET; THENCE NORTH 89°40'59" WEST, A DISTANCE OF 18.05 FEET; THENCE NORTH 00°57'22" WEST, A DISTANCE OF 50.51 FEET; THENCE SOUTH 89°40'59" EAST, A DISTANCE OF 19.17 FEET TO THE POINT OF BEGINNING,
A. P. N.: 125-16-414-035

         (the property).

         3. The deed of trust was assigned to BAC Home Loans ...


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