United States District Court, D. Nevada
THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWMBS, INC. CHL MORTGAGE PASS-THROUGH TRUST 2005-HYB 6 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-HYB6, Plaintiff,
SBH 2 HOMEOWNERS' ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; NEVADA ASSOCIATION SERVICES, INC.; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants.
NATALIE L. WINSLOW, ESQ. Nevada Bar No. 12125 JAMIE K. COMBS,
ESQ. Nevada Bar No. 13088 Akerman LLP Attorneys for The Bank
of New York Mellon, fka The Bank of New York, as Trustee for
the Certificateholders of CWMBS, Inc. CHL Mortgage
Pass-Through Trust 2005-HYB 6 Mortgage Pass-Through
Certificates Series 2005-HYB6
GILBERT EBRON JASON G. MARTINEZ, NV Bar #13375 Attorneys for
SFR Investments Pool 1, LLC
&WESTBROOK, A PROFESSIONAL CORPORATION GABRIEL J. CZOP,
NV Bar #14697 Attorneys for SBH 2 Homeowners' Association
[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT AND ORDER DENYING SFR INVESTMENTS POOL 1,
LLC'S MOTION TO DISMISS AND ORDER DENYING PLAINTIFF'S
MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
Bank of New York Mellon, f/k/a The Bank of New York, as
Trustee for the certificateholders of CWMBS, Inc. CHL
Mortgage Pass-Through Trust 2005-HYB 6 Mortgage Pass-Through
Certificates Series 2005-HYB6 (BNYM) submits
this proposed order granting BNYM's summary judgment
motion as to BNYM's quiet title/declaratory relief claim
only [ECF No. 46], denying SFR Investments Pool 1, LLC's
motion to dismiss [ECF No. 31], and denying BNYM's motion
to amend complaint [ECF No. 33].
about June 3, 2005, Pauline Landicho Well purchased property
located at 4361 Ruby Treasure Street, Las Vegas, Nevada
89147. Well financed ownership of the property by way of a
loan in the amount of $253, 850, as evidenced by a note and
secured by a deed of trust recorded on June 16, 2005. The
deed of trust was assigned to BNYM via an assignment of deed
property was located within the SBH 2 Homeowners'
Association (HOA). Pursuant to the HOA's
CC&Rs, Well was required to pay monthly assessments to
the HOA. The HOA's monthly assessments were $36.00 from
March 2010 through December 2011, and $39.00 beginning on
January 1, 2012.
filed a chapter 13 bankruptcy petition with the United States
Bankruptcy Court, District of Nevada, designated No.
10-31388-lbr on November 11, 2010. Well received her
discharge on October 12, 2011. The bankruptcy was terminated
on January 30, 2013.
failed to pay the HOA all monthly assessments amounts due to
it, and on February 6, 2012, the HOA, through its agent
Nevada Association Services, Inc. (NAS),
recorded a notice of delinquent assessment lien.
April 19 and 20, 2012, the HOA, through its agent NAS,
recorded a notice of default and election to sell to satisfy
the delinquent assessment lien.
about May 24, 2012, Bank of America, as then-loan servicer
for BNYM, tendered $2, 559.50 to NAS for the subject
property, which was the amount stated in the HOA's
recorded notice of default. The last nine months of
assessments before the notice of lien was recorded was
actually $330.00, which is seven months at $36.00 a month and
two months at $39.00 a month. NAS drafted a disbursement
requisition to pay the HOA $1, 109 with an accompanying
letter indicating that the $1, 109 check was a partial
payment on the above-rferenced delinquent account.
December 20, 2012, the HOA, through its agent NAS, recorded a
notice of foreclosure sale.
foreclosed on the property on April 19, 2013. SFR purchased
the property at ...