United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
the Court are three motions: Defendants PHH Mortgage
Corporation (“PHH”), CitiBank N.A. as Trustee for
the Registered Holders of PHHMC Mortgage Pass-Through
Certificates 2007-6 (“CitiBank”), and Mortgage
Electronic Registration Systems’ (“MERS”)
(collectively “Defendants”) motion for summary
judgment, Plaintiff Phillippe Laurent’s motion for
summary judgment, and Defendants’ motion for leave to
file a supplement to its motion for summary judgment. ECF
Nos. 69, 73, 84. For the following reasons, the Court denies
Defendants’ motions and grants Laurent’s motion.
sued Defendants on November 12, 2015 in state court,
asserting a claim for declaratory relief or to quiet title
and a claim for a preliminary and permanent injunction. ECF
No. 1-1 at 3. Laurent seeks declaratory relief that a
property he purchased at a nonjudicial foreclosure sale was
not subject to Plaintiffs’ deed of trust. The matter
was removed to this Court on December 30, 2015. ECF No. 1.
Defendants answered the complaint on January 7, 2016 and
asserted a counterclaim for unjust enrichment. ECF No. 5.
Defendants amended the answer and the counterclaims on August
9, 2016, adding claims for declaratory relief and for quiet
title. ECF No. 27.
matter was stayed and all pending motions were denied without
prejudice on July 7, 2017, pending the Nevada Supreme
Court’s decision on the certified question in SFR
Investments Pool 1, LLC v. Bank of New York Mellon, 422
P.3d 1248, 1251 (Nev. 2018). ECF No. 58. The stay was lifted
on November 21, 2018. ECF No. 66. Defendants now move for
summary judgment. ECF No. 69. A response and a reply were
filed. ECF Nos. 72, 79. Laurent also moves for summary
judgment. ECF No. 73. A response was filed. ECF Nos. 78.
Court finds the following facts to be undisputed. On
September 4, 2007, Arthur V. Bush and Lora V. Bush purchased
property at 2837 Maryland Hills Drive, Henderson, Nevada
89052 (the “property”) by obtaining a loan from
PHH. The property sits in a neighborhood governed by the
Bella Vista Homeowners Association (“HOA”), which
required the Bushes to pay monthly assessments to the HOA.
The loan was secured by a deed of trust that named MERS as
the nominee-beneficiary. MERS assigned the deed of trust to
CitiBank on June 29, 2012.
Bushes fell behind on their HOA assessments. Red Rock
Financial Services (“Red Rock”), as the
HOA’s agent, recorded a lien for delinquent assessments
against the property on March 13, 2012. On May 22, 2012, Red
Rock then recorded a notice of default and election to sell
pursuant to the lien for delinquent assessments. Red Rock
recorded a notice of foreclosure sale, setting a sale date of
January 17, 2013, on December 27, 2012. Red Rock recorded the
notices pursuant to Chapter 116 of the Nevada Revised
August 14, 2013, a foreclosure deed was recorded against the
property. The foreclosure deed states that Red Rock, as the
homeowners’ association’s agent, sold without
warranty “all of its rights, title and interest”
in the property to Laurent for $22, 700 on May 15, 2013.
parties dispute only the legal consequences of the facts.
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