United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
the Court are three motions: Defendant Saticoy Bay LLC Series
7517 Apple Cider’s (“Saticoy Bay) motion to
dismiss, ECF No. 30; Saticoy Bay’s motion for summary
judgment, ECF No. 31; and Plaintiff JPMorgan Chase Bank,
N.A.’s (“Chase”) motion for summary
judgment, ECF No. 32. For the following reasons, the Court
grants Saticoy Bay’s motion to dismiss and motion for
summary judgment in part and denies Chase’s motion for
summary judgment in its entirety.
matter arises from a nonjudicial foreclosure sale conducted
under Chapter 116 of the Nevada Revised Statutes
(“NRS”) on November 19, 2013. See ECF
No. 1. On November 28, 2017, Chase sued Defendants, asserting
three claims: (1) declaratory judgment, (2) quiet title, and
(3) unjust enrichment. Id. Chase bases its
declaratory judgment claim on alleged constitutional
violations, statutory violations regarding NRS Chapter 116,
and principles of equity. Chase ultimately seeks an order
declaring the foreclosure sale void or declaring that its
interest in the property was not extinguished by the
foreclosure sale. Id.
preliminary motion practice, this matter was stayed on July
12, 2018 until the Nevada Supreme Court resolved the
certified question in SFR Investments Pool 1, LLC v. Bank
of New York Mellon, 422 P.3d 1248 (Nev. 2018). ECF No.
27. The stay was lifted a month later. ECF No. 29.
Bay now moves to dismiss the complaint. ECF No. 30. Chase
opposed the motion, and Saticoy Bay replied. ECF Nos. 33, 34.
Bay also moves for summary judgment. ECF No. 31. Chase
opposed the motion. ECF No. 37. Saticoy Bay then replied. ECF
submits a competing motion for summary. ECF No. 32. Saticoy
Bay and Defendant Elkhorn Community Association opposed the
motion, and Chase replied. ECF Nos. 35–36, 41.
Court first resolves Saticoy Bay’s motion to dismiss.
Cherry and Donna Cherry obtained a loan to purchase the
property at 7517 Apple Cider Street, Las Vegas, Nevada 89131.
The loan was secured by a deed of trust that was recorded
with the Clark County Recorder’s Office on November 12,
2009. Chase is the beneficiary of the deed of trust.
Elkhorn Community Association foreclosed on the property on
November 19, 2013. FGC SFR Holdings, LLC purchased the
property at the foreclosure but later conveyed its interests
to Saticoy Bay. The parties dispute whether the nonjudicial