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Bank of New York Mellon v. Wales

United States District Court, D. Nevada

January 7, 2020

THE BANK OF NEW YORK MELLON, Plaintiffs,
v.
TAYLOR WALES, et al., Defendants.

          ORDER

         Presently before the court is third-party defendant Rugged Oaks Investments, LLC's (“Rugged Oaks”) motion to dismiss (ECF No. 74) defendant/counterclaimant/third-party plaintiff Taylor Wales' third-party complaint (ECF No. 57). Wales filed a response (ECF No. 77), to which Rugged Oaks replied (ECF No. 78).

         Also before the court is plaintiff/counterdefendant Bank of New York Mellon's (“BNYM”) motion for summary judgment (ECF No. 79) on Wales' first and second counterclaims (ECF No. 57). Wales filed a response (ECF No. 82), to which BNYM replied (ECF No. 86).

         Also before the court is Wales' motion for summary judgment (ECF No. 83) on his first and second counterclaims (ECF No. 57). BNYM filed a response (ECF No. 87), to which Wales replied (ECF No. 88).

         I. Background

         This action arises from a dispute over real property located at 5253 Saranac Road, Las Vegas, Nevada 89130 (“the property”). (ECF Nos. 1, 20).

         On March 9, 2005, Susan and James Pharo (collectively “Pharos”) refinanced the property with a loan in the amount of $252, 000.00 from Home Loan Center, Inc. dba Lending Tree Loans (“Lending Tree”). (ECF Nos. 20, 27). Lending Tree secured the loan with a deed of trust, which it recorded with the Clark County recorder's office on March 17, 2005. (ECF Nos. 20, 27). Thereafter, BNYM acquired all beneficial interest in the deed of trust via an assignment, which was recorded with the Clark County recorder's office. (ECF Nos. 20, 27).

         On March 23, 2012, Los Prados Community Association (“Los Prados”), through its agent Nevada Association Services (“NAS”), recorded a notice of delinquent assessment lien (“lien”) against the property for the Pharos' failure to pay Los Prados in the amount of $1, 677.00. (ECF Nos. 20, 27). On May 8, 2012, Los Prados recorded a notice of default and election to sell pursuant to the lien, stating that the amount due was $2, 830.00. (ECF Nos. 20, 27).

         On June 13, 2012, Bank of America, N.A. (“Bank of America”), as then-servicer of the loan, requested a ledger from Los Prados identifying the superpriority amount owed to it. (ECF Nos. 20, 63, 79-7). Bank of America received no response. (ECF Nos. 20, 63, 79-7). Bank of America then used an account statement for another property within Los Prados to calculate the superpriority amount. (ECF No. 79-7). On June 29, 2012, Bank of America submitted payment to Los Prados, through NAS, in the amount of $1, 361.25. (ECF Nos. 20, 63, 79-7). NAS rejected the payment. (ECF Nos. 20, 63, 79-7).

         On October 11, 2012, Los Prados recorded a notice of foreclosure sale against the property. (ECF Nos. 20, 27). On November 9, 2012, Los Prados sold the property in a nonjudicial foreclosure sale to Rugged Oaks in exchange for $14, 800.00. (ECF Nos. 20, 27). On November 15, 2012, Los Prados recorded the deed of foreclosure. (ECF Nos. 20, 27). Wales purchased the property from Rugged Oaks on or about August 13, 2014. (ECF Nos. 20, 57).

         On November 17, 2017, BNYM initiated this action against defendants Wales, First California Mortgage Company, Los Prados, and Federal National Mortgage Association (collectively “defendants”). (ECF No. 1). In its amended complaint, BNYM alleged four causes of action: (1) declaratory judgment that the foreclosure sale was void; (2) declaratory judgment that BNYM may sell the property in a judicial foreclosure sale; (3) judicial foreclosure; and (4) injunctive relief. (ECF No. 20).

         On April 24, 2018, the defendants moved to dismiss BNYM's amended complaint. (ECF No. 27). On August 30, 2018, Wales filed a third-party complaint against Rugged Oaks alleging three causes of action for breach of contract and requesting specific performance. (ECF No. 57). Wales also filed two counterclaims against BNYM for declaratory judgment and quiet title. Id. On November 1, 2018, the court granted defendants' motion to dismiss and dismissed the amended complaint, finding that the statute of limitations barred BNYM's claims. (ECF No. 66).

         Now, Rugged Oaks moves to dismiss Wales' third-party complaint as moot (ECF No. 74), BNYM moves for summary judgment on Wales' first and second counterclaims (ECF No. 79), and Wales moves for summary judgment on his first and second counterclaims (ECF No. 83).

         II. Legal Standard

         a. ...


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