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U.S. Bank N.A. v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

September 29, 2019

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSETBACKED CERTIFICATES, SERIES 2006-3, Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC; EL CAPITAN RANCH LANDSCAPE MAINTENANCE ASSOCIATION, Defendants.

          ORDER

          RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Before 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 claim.

         I. PROCEDURAL BACKGROUND

         U.S. 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.

         On 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.

         On 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 (Nev. 2018).

         On 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.

         On January 25, 2019, the HOA and SFR each filed Motions for Summary Judgment. ECF Nos. 63, 64.

         On 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.

         II. FACTUAL BACKGROUND

         a. Undisputed Facts

         The 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”).

         The 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 ...


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