Filed: Dec. 18, 2019
Latest Update: Dec. 18, 2019
Summary: ORDER GLORIA M. NAVARRO , District Judge . On March 29, 2018, the Court granted summary judgment to Defendants Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP ("BANA") and Mortgage Electronic Registration Company System, Inc. ("MERS") (collectively "Defendants") because, under Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), the Northern Terrace Homeowners Association ("HOA") "forecl
Summary: ORDER GLORIA M. NAVARRO , District Judge . On March 29, 2018, the Court granted summary judgment to Defendants Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP ("BANA") and Mortgage Electronic Registration Company System, Inc. ("MERS") (collectively "Defendants") because, under Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), the Northern Terrace Homeowners Association ("HOA") "foreclo..
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ORDER
GLORIA M. NAVARRO, District Judge.
On March 29, 2018, the Court granted summary judgment to Defendants Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP ("BANA") and Mortgage Electronic Registration Company System, Inc. ("MERS") (collectively "Defendants") because, under Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), the Northern Terrace Homeowners Association ("HOA") "foreclosed under a facially unconstitutional notice scheme" and therefore the "foreclosure sale cannot have extinguished" Plaintiff's deed of trust on the property. (Order 6:15-17, ECF No. 133). The Ninth Circuit has since held, however, that Nevada's homeowner's association foreclosure scheme is not facially unconstitutional because the decision in Bourne Valley was based on a construction of Nevada law that the Nevada Supreme Court has since made clear was incorrect. See Bank of Am., N.A. v. Arlington W. Twilight Homeowners Ass'n, 920 F.3d 620, 624 (9th Cir. 2019) (recognizing that Bourne Valley "no longer controls the analysis" in light of SFR Investments Pool 1, LLC v. Bank of New York Mellon, 422 P.3d 1248 (Nev. 2018)). Moreover, for orders from this district that relied on Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), and were thereafter appealed, the Ninth Circuit recently began reversing and remanding such orders in light of Bank of Am., N.A. v. Arlington W. Twilight Homeowners Ass'n, 920 F.3d 620, 624 (9th Cir. 2019). See, e.g., U.S. Bank, N.A, v. SFR Investments Pool 1, LLC, No. 18-16006, 2019 WL 6817304, at *1 (9th Cir. Dec. 13, 2019).
Accordingly, to preserve judicial resources,
IT IS HEREBY ORDERED that the Court's prior Order, (ECF No. 133), is VACATED.
IT IS FURTHER ORDERED that the parties shall have thirty days from the date of this Order to file renewed dispositive motions.
The Clerk of Court shall reopen the case and deliver a copy of this Order to the United States Court of Appeals for the Ninth Circuit, Appeal Number 18-15631.
