United States District Court, D. Nevada
HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 2006-AR2, Plaintiff,
SATICOY BAY, LLC SERIES 9538 DIAMOND BRIDGE; and ASHLEY RIDGE ASSOCIATION, Defendants.
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
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.
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.
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.
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,
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. 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.
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.
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.