Wells Fargo Bank, N.A. v. Meadowridge Homeowners Association, 3:15-cv-00601-RCJ-VPC. (2017)
Court: District Court, D. Nevada
Number: infdco20170831687
Visitors: 3
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 Wells Fargo Bank, N.A., the Federal National Mortgage Association, and the Federal Housing Finance Agency. 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 sale
Summary: [PROPOSED] FINAL JUDGMENT ROBERT C. JONES , District Judge . Final judgment is hereby entered in favor of Plaintiffs Wells Fargo Bank, N.A., the Federal National Mortgage Association, and the Federal Housing Finance Agency. 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..
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[PROPOSED] FINAL JUDGMENT
ROBERT C. JONES, District Judge.
Final judgment is hereby entered in favor of Plaintiffs Wells Fargo Bank, N.A., the Federal National Mortgage Association, and the Federal Housing Finance Agency. 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 sale at issue here did not affect or extinguish the deed of trust encumbering real property located at 6369 Meadow Crest Circle, Reno, Nevada 89509, recorded on October 11, 2004 as Doc. #3110677 in the Washoe County Recorder's Office (the "Deed of Trust"). Accordingly, the Deed of Trust survived the homeowners' association foreclosure sale. Any interest in this property obtained by Nadina Beverly, as Trustee of the Beverly Blair Meadowridge Trust, was subject to the Deed of Trust until the Deed of Trust foreclosure sale on December 16, 2013, at which Federal National Mortgage Association was the highest bidder. Title is quieted in favor of Federal National Mortgage Association.
The remainder of Plaintiffs' claims are dismissed without prejudice.
ORDER
IT IS SO ORDERED AND ADJUDGED.
Source: Leagle
