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Federal Housing Finance Agency v. Thunder Properties, Inc.

United States District Court, D. Nevada

December 6, 2019

FEDERAL HOUSING FINANCE AGENCY, et al., Plaintiffs,
v.
THUNDER PROPERTIES, INC., Defendant.

          ORDER

          ROBERT C. JONES UNITED STATES DISTRICT JUDGE

         Plaintiffs seek summary judgment granting quiet title and declaratory relief from thirteen Nevada homeowners' association (HOA) foreclosure sales that purportedly extinguished their deeds of trust. Defendant opposes summary judgment on the grounds that some claims are untimely and that it needs more discovery. The Court disagrees with Defendant and grants the motion for summary judgment.

         FACTUAL BACKGROUND

         At issue are thirteen properties, each sold by an HOA through a non-judicial foreclosure sale under NRS 116.3116(2) and purchased by Defendant Thunder Properties, Inc. Plaintiff Federal Housing Finance Agency (FHFA) alleges that, at the time of the sales, each of the properties was owned by one of two entities under its conservatorship-the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac), collectively referred to as “Enterprises.” The relevant properties are as follows:

• 1013 Ringneck Way; APN: 530-342-05
• 10527 Meeks Bay Court; APN: 160-684-10
• 13131 Mount Logan Street; APN: 086-754-14
• 13483 Mount Whitney Street; APN: 086-748-07
• 1691 York Way; APN: 027-490-02
• 2300 Dickerson Road, Unit 13; APN: 006-300-06
• 6450 Sharlands Avenue, Unit L-1072; APN: 212-078-27
• 872 Tanager Street, Unit 38; APN: 132-560-21
• 1845 Idlewild Drive, Unit 110; APN: 010-536-04
• 9471 Canyon Meadows Drive; APN: 550-294-11
• 8870 Dixon Lane; APN: 043-102-13
• 5432 Desert Peach; APN: 516-144-12
• 7013 Voyage Drive; APN: 526-533-06

         Plaintiffs filed an initial complaint seeking declaratory relief and quiet title on the properties and amended to omit one but add another. This Court granted summary judgment based on Bourne Valley Court Tr. v. Wells Fargo Bank, NA, 832 F.3d 1154 (9th Cir. 2016), which held that the Nevada statutes governing these foreclosures were facially unconstitutional. The Ninth Circuit overturned Bourne Valley and remanded this case for further proceedings. (ECF No. 51.) Following remand, the Court issued a scheduling order allowing for further discovery but noting that Plaintiffs anticipated discovery in this case to be unnecessary. (ECF No. 57.) Six weeks later, Plaintiffs filed this Motion for Summary Judgment (ECF No. 62). In support of their motion, Plaintiffs include as exhibits: data derived from the Fannie Mae ...


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