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HSBC Bank USA v. Saticoy Bay

United States District Court, D. Nevada

September 30, 2019

HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 2006-AR2, Plaintiff,
v.
SATICOY BAY, LLC SERIES 9538 DIAMOND BRIDGE; and ASHLEY RIDGE ASSOCIATION, Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Before the Court are five motions: Defendant Saticoy Bay, LLC Series 9538 Diamond Bridge's (“Saticoy Bay”) motion to dismiss and motion for summary judgment; Defendant Ashley Ridge Association's (the “Association”) motion to dismiss and motion for summary judgment; and Plaintiff HSBC Bank USA, National Association as Trustee for Deutsche ALT-A Securities Mortgage Loan Trust, Series 2006-AR2's (“HSBC”) motion for summary judgment. ECF Nos. 70 - 73, 76. For the reasons stated below, the Court grants Defendants' summary judgment motions and denies the other motions.

         II. PROCEDURAL BACKGROUND

         HSBC sued defendants on January 31, 2017 and filed a notice of lis pendens on February 10, 2017. ECF Nos. 1, 6. A scheduling order was initially entered on May 9, 2017. ECF No. 38. But the Court stayed this matter and denied all pending motions without prejudice on March 22, 2018, 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. 65. The stay was lifted on August 31, 2018. ECF No. 69.

         Saticoy Bay now moves to dismiss the complaint and for summary judgment. ECF Nos. 70, 71. Both motions were fully briefed. ECF Nos. 79, 81, 82, 85. Likewise, the Association moves to dismiss the complaint. ECF No. 73. The motion was opposed but no reply was filed. ECF Nos. 80. The Association also moves for summary judgment. ECF No. 72. Again, the motion was opposed but no reply was filed. ECF No. 74. HSBC moves for summary judgment as well. ECF No. 76. The motion was fully briefed. ECF Nos. 83, 84, 86. The Court held oral arguments on July 25, 2019 on all the dispositive motions. ECF No. 89.

         III. FACTUAL BACKGROUND

         a. Undisputed Facts

         Montree Wanpakdee purchased the property at 9538 Diamond Bridge Avenue, Las Vegas, Nevada 89166 in March 2006 by obtaining a loan. The loan was secured by a deed of trust that identified Silver State Financial Services, Inc. as the lender and beneficiary and Stewart Title as the trustee. The deed of trust was recorded on March 30, 2006. The beneficial interest under the deed of trust was assigned to HSBC on September 7, 2012.

         The property sits in a property governed by the Association's covenants, conditions, and restrictions (“CC&Rs”). Under the CC&Rs, property owners must pay homeowners' association fees. Wanpakdee failed to timely pay the dues owed to the Association. Thus, the Association initiated a nonjudicial foreclosure under Chapter 116 of the Nevada Revised Statutes (“NRS”) by recording a notice of delinquent assessment against the property on March 7, 2011.[1] On April 11, 2011, the Association recorded a notice of default and election to sell, stating the amount due to the Association as $821.00. On March 24, 2015, the Association recorded a notice of trustee's sale listing $3, 966.00 as the amount owed to the Association.

         The Association foreclosed on the property on May 5, 2015, selling the property to Saticoy Bay for $28, 200.00. A foreclosure deed was recorded on June 30, 2015 in favor of Saticoy Bay. HSBC did not attend the sale and did not attempt to stop the sale.

         b. Disputed Facts

         The parties dispute whether the foreclosure notices were mailed to or received by HSBC or its predecessors. Saticoy Bay and the Association contend the notices were mailed in compliance with NRS Chapter 116, pointing to exhibits ECF No. 71-5, 71-8, and 71-10.

         IV. ...


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