United States District Court, D. Nevada
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSETBACKED CERTIFICATES, SERIES 2006-3, Plaintiff,
SFR INVESTMENTS POOL 1, LLC; EL CAPITAN RANCH LANDSCAPE MAINTENANCE ASSOCIATION, Defendants.
RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE.
the Court is Defendant SFR Investments Pool 1, LLC’s
(“SFR”) Motion for Summary Judgment (ECF No. 64).
The Court previously dismissed as time-barred all of
Plaintiff U.S. Bank’s claims with the exception for the
unjust enrichment claim. The Court now grants SFR’s
Motion for Summary Judgment as to the unjust enrichment
Bank filed its complaint on January 3, 2018 asserting various
claims for declaratory relief and quiet title stemming from a
nonjudicial foreclosure sale on a property for which it held
a deed of trust. ECF No. 1.
February 26, 2018, Defendant El Capitan Ranch Landscape
Maintenance Association (“the HOA”) filed a
Motion to Dismiss. ECF No. 9. On April 16, 2018, SFR filed a
Motion to Dismiss. ECF No. 23.
April 30, 2018, the Court entered a scheduling order. ECF No.
26. On July 13, 2018, the Court denied the two pending
motions to dismiss without prejudice and issued a stay in the
case pending the Nevada Supreme Court’s decision on a
certified question of law regarding the notice requirements
of Chapter 116 of the Nevada Revised Statutes
(“NRS”) in Bank of N.Y. Mellon v. Star Hill
Homeowners Ass’n, No. 2:16-cv-02561-RFB-PAL. ECF
No. 34. The Nevada Supreme Court published an answer to the
certified question on August 2, 2018. SFR Investments
Pool 1, LLC v. Bank of New York Mellon, 422 P.3d 1248
August 23, 2018, SFR filed the instant Renewed Motion to
Dismiss. ECF No. 35. On September 13, 2018, the Court lifted
the stay and issued an updated scheduling order. ECF No. 40.
SFR filed the instant Motion to Stay on September 20, 2018.
ECF No. 42. The HOA filed a Motion to Dismiss on September
24, 2018. ECF No. 45. Discovery closed on November 26, 2018.
ECF No. 40.
January 25, 2019, the HOA and SFR each filed Motions for
Summary Judgment. ECF Nos. 63, 64.
March 31, 2019, the Court issued an order that dismissed as
time-barred all of U.S. Bank’s claims with the
exception of the unjust enrichment claim. ECF No. 68. SFR
answered the complaint on April 15, 2019. ECF No. 69.
Court finds the following facts to be undisputed. On or about
November 14, 2005, Henry Lujan Jr. purchased real property
located at 8768 Autumn Wreath Avenue, Las Vegas, Nevada 89129
(APN: 138-08-613-013) (“the Property”).
Deed of Trust executed by Lujan identified Ownit Mortgage
Solutions, Inc. as the Lender, First American Title as the
Trustee, and Mortgage Electronic Registration Systems, Inc.
(“MERS”) solely as a nominee for Lender and
Lender’s successors and assigns, securing a loan in the
amount of $250, 000.00. On December 28, 2011, an Assignment
of Deed of Trust was recorded in which MERS as ...