United States District Court, D. Nevada
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,
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,
HAMPTON & HAMPTON COLLECTIONS LLC, a Professional Corporation, Cross-Defendant. SFR INVESTMENTS POOL 1, LLC, Counter/Cross-Claimant,
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.
G. MARTINEZ, ESQ., KIM GILBERT EBRON Attorneys for SFR
Investments Pool 1, LLC
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
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.
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
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.
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.
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,
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.
foreclosed on the property on September 10, 2014. SFR
purchased the Property for $90, 000.00.
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,