Donges v. USAA Fed. Sav. Bank

391 F. Supp. 3d 907
CourtDistrict Court, D. Arizona
DecidedApril 30, 2019
DocketNo. CV-18-00093-TUC-RM
StatusPublished
Cited by3 cases

This text of 391 F. Supp. 3d 907 (Donges v. USAA Fed. Sav. Bank) is published on Counsel Stack Legal Research, covering District Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donges v. USAA Fed. Sav. Bank, 391 F. Supp. 3d 907 (D. Ariz. 2019).

Opinion

Honorable Rosemary Márquez, United States District Judge

Pending before the Court are Plaintiffs William and Carolyn Donges' Motion for Partial Summary Judgment (Doc. 54) and Defendant USAA Federal Savings Bank's Motion for Summary Judgment (Doc. 64).1

*910The summary judgment motions are fully briefed and suitable for determination without oral argument. For the following reasons, summary judgment will be granted in favor of Defendant.

I. Standard of Review

Summary judgment is proper "if the movant shows 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). A fact is material if it "might affect the outcome of the suit under the governing law." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A factual dispute is genuine if the evidence is such that a reasonable trier of fact could resolve the dispute in favor of the nonmoving party. Id. In evaluating a motion for summary judgment, the court must "draw all reasonable inferences from the evidence" in favor of the non-movant. O'Connor v. Boeing N. Am., Inc. , 311 F.3d 1139, 1150 (9th Cir. 2002). A reasonable inference is one which is supported by "significant probative evidence" rather than "threadbare conclusory statements." Barnes v. Arden Mayfair, Inc. , 759 F.2d 676, 680-81 (9th Cir. 1985) (internal quotation marks omitted). If "the evidence yields conflicting inferences [regarding material facts], summary judgment is improper, and the action must proceed to trial." O'Connor , 311 F.3d at 1150.

The party moving for summary judgment bears the initial burden of identifying those portions of the record, together with affidavits, if any, that it believes demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett , 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the movant meets this burden, the burden shifts to the nonmovant to "come forward with specific facts showing that there is a genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (internal quotation marks and emphasis omitted); see also Fed. R. Civ. P. 56(c)(1).

II. Background2

On April 9, 2004, Plaintiffs entered into a Home Equity Line of Credit ("HELOC") with Defendant, establishing a line of credit of $50,000. (Doc. 70, ¶ 6.) Plaintiffs subsequently entered into two more HELOC agreements, increasing their line of credit by $50,000 and $183,800, respectively. (Id. ¶¶ 8, 10.) All three HELOCs were consolidated and secured by deeds of trust on Plaintiffs' home in Tucson, Arizona.3 (Id.

*911¶¶ 2, 6, 8, 10.) The HELOC has a maturity date of April 9, 2024. (Id. ¶¶ 6, 8, 10.)

Plaintiffs borrowed the full line of credit. (Doc. 72, ¶ 18.) Plaintiffs made timely minimum payments until defaulting on a monthly minimum payment due on October 19, 2009. (Doc. 70, ¶ 16.) Defendant sent Plaintiffs a letter on October 4, 2017, stating that a foreclosure would occur if Plaintiffs did not show the debt was invalid or pay the debt within 30 days. (Doc. 72, ¶ 33.) On November 27, 2017, Defendant filed a Notice of Trustee's Sale. (Doc. 72, ¶ 34.)4

III. Discussion

A. Statute of Limitations5

Defendant contends that it is entitled to summary judgment because the statute of limitations on its right to foreclose did not begin running until it accelerated the debt in November 2017, through the initiation of foreclosure proceedings. Plaintiffs assert that Defendant's right to foreclose accrued no later than May 2011, which puts Defendant's October 2017 demand for payment outside of Arizona's six-year statute of limitations. Summary judgment will be granted in favor of Defendant.

There is a threshold legal question on which the parties disagree: when does the statute of limitations begin running on a claim for a borrower's default on a HELOC that has a defined maturity date? Plaintiffs argue that the statute begins running on the entire outstanding debt when the borrower first fails to make a full minimum monthly payment. They rely exclusively on the Arizona Supreme Court's recent decision in Mertola, LLC v. Santos , 244 Ariz. 488, 422 P.3d 1028 (Ariz. 2018). Defendant relies on Navy Federal Credit Union v. Jones , 187 Ariz. 493, 930 P.2d 1007, 1008 (Ariz. Ct. App.

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391 F. Supp. 3d 907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donges-v-usaa-fed-sav-bank-azd-2019.