Federal Housing Finance Agency v. Thunder Properties, Inc., 3:16-cv-00461-RCJ-WGC. (2017)
Court: District Court, D. Nevada
Number: infdco20170831690
Visitors: 27
Filed: Jul. 12, 2017
Latest Update: Jul. 12, 2017
Summary: [PROPOSED] FINAL JUDGMENT ROBERT C. JONES , District Judge . Final judgment is hereby entered in favor of Plaintiffs. Plaintiffs are entitled to summary judgment on their quiet title claim pursuant to Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), which holds that NRS Chapter 116's opt-in notice scheme for homeowners' association foreclosure sales is facially unconstitutional under the Due Process Clause of the Fourteenth Amendment of the United Stat
Summary: [PROPOSED] FINAL JUDGMENT ROBERT C. JONES , District Judge . Final judgment is hereby entered in favor of Plaintiffs. Plaintiffs are entitled to summary judgment on their quiet title claim pursuant to Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), which holds that NRS Chapter 116's opt-in notice scheme for homeowners' association foreclosure sales is facially unconstitutional under the Due Process Clause of the Fourteenth Amendment of the United State..
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[PROPOSED] FINAL JUDGMENT
ROBERT C. JONES, District Judge.
Final judgment is hereby entered in favor of Plaintiffs. Plaintiffs are entitled to summary judgment on their quiet title claim pursuant to Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), which holds that NRS Chapter 116's opt-in notice scheme for homeowners' association foreclosure sales is facially unconstitutional under the Due Process Clause of the Fourteenth Amendment of the United States Constitution.
The homeowners' association foreclosure sales at issue here did not affect or extinguish the deeds of trust encumbering the following properties:
1. 1013 Ringneck Way, Sparks, Nevada — APN 530-342-05
2. 10527 Meeks Bay Court, Reno, Nevada — APN 160-684-10
3. 13131 Mount Logan Street, Reno, Nevada — APN 086-754-14
4. 13483 Mount Whitney Street, Reno, Nevada — APN 086-748-07
5. 1691 York Way, Sparks, Nevada — APN 027-490-02
6. 2300 Dickerson Road, Unit 13, Reno, Nevada — APN 006-300-06
7. 6850 Sharlands Avenue, Unit L-1072, Reno, Nevada — APN 212-078-27
8. 872 Tanager Street, No. 38, Incline Village, Nevada — APN 132-560-21
9. 9471 Canyon Meadows Drive, Reno, Nevada — APN 550-294-11
10. 8870 Dixon Lane, Reno, Nevada — APN 043-102-13
11. 7013 Voyage Drive, Sparks, Nevada — APN 526-533-06
12. 2845 Idlewild Drive, Unit 110, Reno, Nevada — APN 010-536-04
13. 5342 Desert Peach Drive, Sparks, Nevada — APN 516-144-12
Accordingly, any interests in these properties of Defendant Thunder Properties, Inc. remain subject to the deeds of trust.
The remainder of Plaintiffs' claims are dismissed without prejudice.
ORDER
IT IS SO ORDERED AND ADJUDGED.
Source: Leagle
