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Bank of New York Mellon v. Church

United States District Court, D. Nevada

December 26, 2019

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-4CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4CB, Plaintiff,
v.
MICHELLE R. CHURCH; SFR INVESTMENTS POOL 1, LLC; HAMPTON & HAMPTON COLLECTIONS LLC; SILVERSTONE RANCH COMMUNITY ASSOCIATION; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants. SILVERSTONE RANCH COMMUNITY ASSOCIATION, Cross-Claimant,
v.
HAMPTON & HAMPTON COLLECTIONS LLC, a Professional Corporation, Cross-Defendant. SFR INVESTMENTS POOL 1, LLC, Counter/Cross-Claimant,
v.
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-4CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4CB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR BRS CITIZENS, N.A.; MICHELLE R. CHURCH, an individual, Counter/Cross-Defendants.

          NATALIE L. WINSLOW, ESQ. AKERMAN LLP Attorneys for The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certiflcateholders CWALT, Inc., Alternative Loan Trust 2006-4CB, Mortgage Pass-Through Certificates, Series 2006-4CB and Mortgage Electronic Registration Systems, Inc., as nominee for BRS Citizens, N.A.

          JASON G. MARTINEZ, ESQ., KIM GILBERT EBRON Attorneys for SFR Investments Pool 1, LLC

          RYAN W. REED, ESQ., LEACH KERN GRUCHOW ANDERSON SONG Attorneys for Silverstone Ranch Community Association

          [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IN PART AND DENYING SFR INVESTMENTS POOL 1, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING SILVERSTONE RANCH COMMUNITY ASSOCIATION'S MOTION FOR SUMMARY JUDGMENT

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006-4CB, Mortgage Pass-Through Certificates, Series 2006-4CB (BNYM) submits this proposed order following the court's minute order granting BNYM's summary judgment motion as to BNYM's quiet title/declaratory relief claim only [ECF No. 51], denying SFR Investments Pool 1, LLC and Silverstone Ranch Community Association's (HOA) summary judgment motions, and entering judgment in favor of BNYM, as well as entering default judgment as to Michelle R. Church, in favor of SFR. ECF Nos. 62, 63.

         FINDINGS OF FACT

         Michelle R. Church and Irvin R. Church purchased property located at 8105 Bay Dunes Street, Las Vegas, Nevada 89131-4346; Parcel No. 125-10-817-008 ("Property") in 2005. The Property was subject to the CC&Rs of the HOA. On September 26, 2012, a grant bargain sale deed transferring title of the Property from Michelle R. Church and Irvin R. Church to Michelle R. Church, a married woman as her sole and separate property, was recorded on the Property as Instrument No. 201209260004763.

         The Churches borrowed $400, 000.00 to finance their purchase of the Property, which lender Countrywide Home Loans, Inc. secured with a deed of trust recorded against the Property. Mortgage Electronic Registration Systems, Inc. (MERS) was listed as beneficiary under the deed of trust, solely as nominee for the lender and the lender's successors and assigns. MERS assigned the deed of trust to BNYM on August 20, 2009, and the assignment was recorded on September 15, 2009.

         The HOA, through its agent Hampton & Hampton, P.C., recorded a notice of delinquent assessment lien against the Property on October 23, 2009, followed by a second notice of delinquent assessment lien on October 6, 2010, a notice of default and election to sell on November 18, 2010, a second notice of default and election to sell on August 26, 2013, and a notice of trustee's sale against the Property on July 25, 2014.

         Prior to the HOA foreclosure sale, then-servicer Bank of America, through its counsel at Miles, Bauer, Bergstrom & Winters, LLP, requested from the HOA a calculation of the superpriority portion of the HOA's lien on December 20, 2010.

         On or about December 30, 2010, Hampton sent Bank of America a facsimile, stating that the amount due for nine months of assessments on the above-referenced Property was $2, 025.72. On January 21, 2011, Miles Bauer tendered that amount to the HOA, which the HOA accepted.

         The HOA foreclosed on the property on September 10, 2014. SFR purchased the Property for $90, 000.00.

         CONCLUSIONS OF LAW

         BNYM's claims are not time-barred. The court incorporates by reference its reasoning as set forth in Carrington Mortgage Services, LLC v. Tapestry at Town Center Homeowners Assoc,381 F.Supp.3d 1289 (D. Nev. 2019). As the foreclosure sale in this case occurred on September 10, 2014, and ...


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