Bank of Am., N.A. v. Falcon Point Ass'n

347 F. Supp. 3d 592
CourtDistrict Court, D. Nevada
DecidedSeptember 28, 2018
DocketCase No.: 2:16-cv-00814-GMN-CWH
StatusPublished
Cited by4 cases

This text of 347 F. Supp. 3d 592 (Bank of Am., N.A. v. Falcon Point Ass'n) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bank of Am., N.A. v. Falcon Point Ass'n, 347 F. Supp. 3d 592 (D. Nev. 2018).

Opinion

Gloria M. Navarro, Chief Judge

Pending before the Court is the Second Motion for Summary Judgment, (ECF No. 110), filed by Plaintiff Bank of America, N.A. ("Plaintiff"). Defendants Red Rock Financial Services, LLC ("Red Rock"), SFR Investments Pool 1, LLC ("SFR"), and Falcon Point Association ("HOA") filed Responses, (ECF Nos. 121, 122, 123), to which Plaintiff filed Replies, (ECF Nos. 126, 127).

Also pending before the Court is the Motion for Summary Judgment, (ECF No. 117), filed by SFR. Plaintiff filed a Response, (ECF No. 120), and SFR filed a Reply, (ECF No. 128).

Also pending before the Court are Plaintiff and SFR's Motions for Partial Summary Judgment, (ECF Nos. 65, 68). Plaintiff and SFR filed Responses, (ECF Nos. 76, 84), as well as Replies, (ECF Nos. 85, 90), to the respective Motions.

For the reasons discussed herein, Plaintiff's Second Motion for Summary Judgment, (ECF No. 110), is GRANTED ; Plaintiff and SFR's Motions for Partial Summary Judgment, (ECF Nos. 65, 68), are DENIED ; and SFR's Second Motion for Summary Judgment, (ECF No. 117), is GRANTED in part and DENIED in part .1

I. BACKGROUND

This case arises from the non-judicial foreclosure on real property located at 5649 Woods Crossing Street, Las Vegas, Nevada, 89148 (the "Property"). In 2008, Mark Cowens and Melanie Giese ("Borrowers") purchased the Property by way of a loan in the amount of $212,199.00 secured by a deed of trust ("DOT") recorded on September 16, 2008. (Deed of Trust, Ex. A to Pl.'s Mot. Summ. J. ("MSJ"), ECF No. 65-1). The initial beneficiary under the DOT was Mortgage Electronic Registration Systems, Inc. ("MERS"), who later assigned the DOT to Plaintiff on June 15, 2012. (Assignment of Deed of Trust, Ex. B to Pl.'s MSJ, ECF No. 65-2).

On March 1, 2010, HOA, through its agent Red Rock, recorded a lien for delinquent assessments against the Property. (Delinquent Assessments Lien, Ex. C to Pl.'s MSJ, ECF No. 65-3). Red Rock later recorded a notice of default and election to sell on January 31, 2011, and a subsequent notice of foreclosure sale on June 6, 2014. (See Notice of Default, Ex. D to Pl.'s MSJ, ECF No. 65-4); (Notice of Foreclosure, Ex. E to Pl.'s MSJ, ECF No. 65-5). At the foreclosure sale on August 1, 2014, HOA foreclosed on its lien and sold the Property to SFR, who recorded the foreclosure deed *596on August 6, 2014. (Foreclosure Deed, Ex. F to Pl.'s MSJ, ECF No. 65-6).

Plaintiff filed the instant Complaint on April 11, 2016, asserting the following causes of action arising from the foreclosure and subsequent sale of the Property: (1) quiet title against all Defendants; (2) Breach of NRS § 116.1113 against HOA and Red Rock; (3) wrongful foreclosure against HOA and Red Rock; and (4) injunctive relief against SFR. (See Compl. ¶¶ 23-86, ECF No. 1). On June 20, 2016, SFR filed an Answer containing counterclaims and crossclaims against Plaintiff and Borrowers for quiet title and injunctive relief. (See Answer ¶¶ 37-51, ECF No. 22).

II. LEGAL STANDARD

The Federal Rules of Civil Procedure provide for summary adjudication when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). Material facts are those that may affect the outcome of the case. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute as to a material fact is genuine if there is sufficient evidence for a reasonable jury to return a verdict for the nonmoving party. Id. "Summary judgment is inappropriate if reasonable jurors, drawing all inferences in favor of the nonmoving party, could return a verdict in the nonmoving party's favor." Diaz v. Eagle Produce Ltd. P'ship , 521 F.3d 1201, 1207 (9th Cir. 2008) (citing United States v. Shumway , 199 F.3d 1093, 1103-04 (9th Cir. 1999) ). A principal purpose of summary judgment is "to isolate and dispose of factually unsupported claims." Celotex Corp. v. Catrett , 477 U.S. 317, 323-24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

In determining summary judgment, a court applies a burden-shifting analysis. "When the party moving for summary judgment would bear the burden of proof at trial, it must come forward with evidence which would entitle it to a directed verdict if the evidence went uncontroverted at trial. In such a case, the moving party has the initial burden of establishing the absence of a genuine issue of fact on each issue material to its case." C.A.R. Transp. Brokerage Co. v. Darden Rests., Inc. , 213 F.3d 474, 480 (9th Cir. 2000) (citations omitted). In contrast, when the nonmoving party bears the burden of proving the claim or defense, the moving party can meet its burden in two ways: (1) by presenting evidence to negate an essential element of the nonmoving party's case; or (2) by demonstrating that the nonmoving party failed to make a showing sufficient to establish an element essential to that party's case on which that party will bear the burden of proof at trial. Celotex Corp. , 477 U.S. at 323-24, 106 S.Ct. 2548. If the moving party fails to meet its initial burden, summary judgment must be denied and the court need not consider the nonmoving party's evidence. Adickes v. S.H. Kress & Co.

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Bluebook (online)
347 F. Supp. 3d 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-am-na-v-falcon-point-assn-nvd-2018.