Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bank of New York Mellon v. Willow Creek Community Association

United States District Court, D. Nevada

September 25, 2019

BANK OF NEW YORK MELLON FKA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC. CHL MORTGAGE PASS-THROUGH 2006-OA4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA4, Plaintiff,
v.
WILLOW CREEK COMMUNITY ASSOCIATION ICKWORTH COURT TRUST RED ROCK FINANCIAL SERVICES, LLC Defendants. ICKWORTH COURT TRUST Counter Claimant
v.
BANK OF NEW YORK MELLON FKA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC. CHL MORTGAGE PASS-THROUGH 2006-OA4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA4 Counter Defendant

          ORDER

          RICHARD F. BOULWARE, II United States District Court Judge

         I. INTRODUCTION

         Before the Court are Defendant Ickworth Court Trust’s (“Ickworth”) Motion for Summary Judgment, Plaintiff Bank of New York Mellon’s Motion for Summary Judgment (“BNY”), Defendant Ickworth Court Trust’s Motion for Leave to File Supplement Opposition, and Plaintiff Bank of New York Mellon’s Motion to Certify Question of Law Before the Nevada Supreme Court. ECF Nos. 41, 41, 4850. For the following reasons, the Court grants Plaintiff’s Motion for Summary Judgment in part and denies all other motions.

         II. PROCEDURAL BACKGROUND

         BNY filed its complaint on March 31, 2016. ECF No. 1. In the complaint BNY seeks quiet title/ declaratory judgment and injunctive relief. The complaint also asserts causes of action for breach of Chapter 116 of the Nevada Revised Statutes (“NRS”), wrongful foreclosure, and deceptive trade practices under NRS 598.0923. Ickworth answered on May 2, 2016 and asserted counterclaims for quiet title and declaratory relief. Defendant Red Rock Financial Services LLC (“Red Rock”) filed a motion to dismiss on May 4, 2016. Defendant Willow Creek Community Association answered on September 30, 2016. On November 22, 2016, the Court administratively stayed the case and denied all pending motions without prejudice pending the mandate issued in Bourne Valley Court Tr. v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), cert denied 137 S.Ct. 2296 (2017). The Court lifted the stay on September 17, 2018. ECF NO. 36. On January 17, 2019 both Ickworth and BNY moved for summary judgment. ECF Nos. 41, 42. Both motions were fully briefed. ECF Nos. 43, 44, 45, 46, 47. On March 27, 2019, Ickworth moved for leave to file supplemental opposition to BNY’s motion for summary judgment. ECF No. 48. BNY filed an opposition and a motion to certify a question of law to the Nevada Supreme Court. ECF Nos. 49, 50.

         III. FACTUAL BACKGROUND

         The Court finds the following facts to be undisputed.

         Darrell Williams purchased real property located at 10829 Ickworth Court, Las Vegas, Nevada 89135 in December 2005 (“the property”). Williams financed ownership of the property by way of a loan in the amount of $1, 000, 000.00 as evidenced by a note and secured by a deed of trust (the senior deed of trust) recorded on January 12, 2006. The property was subject to the covenants, conditions and restrictions (CC&Rs) of the Willow Creek Community Association (“HOA”). The senior deed of trust was assigned to BNY on April 22, 2011.

         Williams fell behind on HOA dues. Subsequently the HOA, through its agent Red Rock, recorded a lien for delinquent assessments on December 6, 2010. On February 8, 2011 the HOA through its agent recorded a notice of default and election to sell pursuant to the lien for delinquent assessment.

         On February 23, 2011, Miles Bauer Bergstrom & Winters (“Miles Bauer”) on behalf of then-loan servicer and nonparty Bank of America[1] (“BANA”) sent a letter to Red Rock requesting the amount of the superpriority portion of the lien. Red Rock responded to the Miles Bauer letter by stating that the current amount owed was $10, 267.72 and providing a payoff listing amounts due. The HOA’s monthly assessments were $240.00 at the time. The payoff did not list any maintenance or nuisance abatement charges due as of December 2010.

         On April 1, 2011 Miles Bauer sent a check for $2, 340.00 to the HOA through Red Rock. Red Rock, on behalf of the HOA, rejected the payment.

         On August 29, 2012, Red Rock recorded a notice of foreclosure sale against the property. The sale occurred on January 22, 2013. Ickworth purchased the property for $28, 100 at the sale.

         IV.LEGAL STANDARD

         a. Summary Judgment

         Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show “that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a); accord Celotex Corp. v. Catrett, 477 U.S. 317, 322(1986).When considering the propriety of summary judgment, the court views all facts and draws all inferences in the light most favorable to the nonmoving party. Gonzalez v. City of Anaheim, 747 F.3d 789, 793 (9th Cir. 2014). If the movant has carried its burden, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts …. Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial.” Scott v. Harris, 550 U.S. 372, 380 (2007) (alteration in original) (internal quotation marks omitted).

         It is improper for the Court to resolve genuine factual disputes or make credibility determinations at the summary judgment stage. Zetwick v. Cty. of Yolo, 850 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.