Bank of N.Y. Mellon v. Log Cabin Manor Homeowners Ass'n
Bank of N.Y. Mellon v. Log Cabin Manor Homeowners Ass'n
Opinion of the Court
*933I. SUMMARY
This dispute arises from the foreclosure sale of property to satisfy a homeowners' association lien. Before the Court are Defendant SFR Investments Pool 1, LLC's ("SFR") motion for summary judgment (ECF No. 109); Plaintiff Bank of New York Mellon's ("BONY") motion for summary judgment (ECF No. 110); and Defendant Log Cabin Manor Homeowners Association's ("HOA") motion for partial summary judgment (ECF No. 115). The Court has reviewed the various joinders, responses, and replies thereto. (ECF Nos. 111, 112, 113, 114, 116, 117, 120, 121, 122, 123.) Because the Court agrees with SFR that the foreclosure sale at issue extinguished BONY's interest in the property, the Court grants SFR's and the HOA's motions for summary judgment and denies BONY's motion for summary judgment.
II. BACKGROUND
The following facts are undisputed unless otherwise indicated.
A. Deed of Trust History
Victoria J. Arboleda and Joaquin Valdez ("Borrowers") purchased property ("Property") located within the HOA at 8106 Making Memories Place, Las Vegas, NV 89131 on August 1, 2006. (ECF No. 110 at 3.) The Borrowers executed a note ("the Note") and first deed of trust ("DOT") in exchange for $ 285,660. (Id. ) The DOT was assigned to BONY on November 29, 2011. (Id. )
B. HOA Lien and Foreclosure
The Borrowers failed to pay HOA assessments, and the HOA recorded a notice of delinquent assessment lien on August 31, 2010, alleging that $ 513.02 was due. (Id. ) The HOA recorded a notice of default and election to sell under the HOA's lien through its agent, Allesi & Koenig, LLC, on March 31, 2011, alleging that $ 1,824.88 was due. (Id. ) Bank of America, N.A.-servicer of the loan at the time for the DOT beneficiary-paid the HOA $ 1,824.88. (Id. ) The HOA subsequently released its lien. (Id. )
The HOA recorded a new notice of delinquent assessment lien on March 8, 2012, through its agent Nevada Association Services ("NAS"). (Id. at 4.) The HOA recorded a notice of default on April 24, 2012, alleging that $ 1,954.41 was due. (Id. )
The HOA recorded a notice of foreclosure sale on July 1, 2014, alleging that $ 3,344.53 was due to the HOA. (Id. ) The notice represented that the sale ("HOA Sale") would occur on July 25, 2014, but the HOA Sale was postponed and the HOA actually foreclosed on August 29, 2014. (Id. ; see also ECF No. 113 at 22.) SFR purchased the Property at the HOA Sale for $ 49,000. (Id. )
C. Complaint & Counterclaim
BONY filed the Complaint on October 20, 2015, asserting the following claims: (1) quiet title/declaratory judgment against SFR; (2) injunctive relief against SFR; (3) violation of procedural due process against the HOA and SFR; (4) tortious interference with contract against the HOA; (5) breach of the duty of good faith against the HOA; (6) wrongful foreclosure against the HOA; and (7) deceptive trade practices against the HOA. (ECF No. 1 at 6-13.)
SFR counterclaimed for quiet title. (ECF No. 14 at 15.)
*934III. LEGAL STANDARD
"The purpose of summary judgment is to avoid unnecessary trials when there is no dispute as to the facts before the court." Nw. Motorcycle Ass'n v. U.S. Dep't of Agric. ,
The moving party bears the burden of showing that there are no genuine issues of material fact. Zoslaw v. MCA Distrib. Corp. ,
IV. SFR & BONY'S MOTIONS (ECF NOS. 109, 110)
The Court addresses the issues raised in SFR and BONY's respective summary judgment motions collectively. SFR argues that it is entitled to summary judgment on its counterclaim for quiet title because the HOA Sale extinguished the DOT. (ECF No. 109 at 14.) BONY argues in its response as well as in its own motion for summary judgment that the HOA Sale was invalid because the statute governing the HOA Sale is unconstitutional and, alternatively, that it is entitled to equitable relief. (See generally ECF Nos. 110, 112.) The Court considers the constitutionality of the statute governing the HOA Sale- NRS § 116.3116 -before turning to BONY's request for equitable relief.
A. Constitutionality of NRS § 116.3116
BONY argues that NRS § 116.3116 is void ab initio , facially unconstitutional, and unconstitutional as applied, rendering the HOA Sale void. (ECF No. 110 at 5-10;
*935ECF No. 112 at 4-12.) SFR argues that NRS § 116.3116 is constitutional and further argues that BONY lacks Article III standing to challenge the constitutionality of NRS § 116.3116 on due process grounds. (ECF No. 109 at 8-13; ECF No. 113 at 6, 10-18.)
1. Standing
SFR argues that BONY lacks Article III standing to challenge NRS § 116.3116 on due process grounds because BONY received actual notice of the HOA Sale. (ECF No. 109 at 12; ECF No. 113 at 6.) But in the relevant cases that SFR cites, the plaintiffs challenged the method of notice-not the adequacy of the notice's content. See Lehner v. United States ,
2. Bourne Valley
BONY seems to base its argument about the constitutionality of NRS § 116.3116 in part on a Ninth Circuit decision that no longer controls: Bourne Valley Court Tr. v. Wells Fargo Bank, NA ,
The Nevada Supreme Court had a different take on the interplay between NRS § 116.3116 and NRS § 107.090. In SFR Invs. Pool 1, LLC v. Bank of New York Mellon ,
The Nevada Supreme Court has final say on interpretation of Nevada law, Christiana Tr. v. SFR Invs. Pool 1, LLC , No. 2:16-CV-00684-GMN-CWH,
*936Bourne Valley is no longer controlling authority with respect to NRS 116.3116's notice provisions and, consequently, its finding of facial unconstitutionality."
3. Adequacy of Notice Required by NRS § 107.090
BONY argues that NRS § 116.3116 remains facially unconstitutional despite the incorporation of NRS § 107.090 because NRS § 107.090 only requires the notice to state the time and place of the sale. (ECF No. 110 at 5-6; ECF No. 112 at 5-6.) BONY argues that such notice is inadequate because it does not assert the existence of a superpriority lien, identify its amount, or explain how to satisfy it. (ECF No. 110 at 5-6; ECF No. 112 at 5-6.) SFR counters that notice need only inform the lender of the pending foreclosure to be sufficient. (ECF No. 113 at 15-18; ECF No. 116 at 3-4.)
" Mullane v. Central Hanover Bank & Trust Co. , [
BONY first argues that the notice required under NRS § 107.090 is inadequate because it does not assert the existence of a superpriority lien. (ECF No. 110 at 5; ECF No. 112 at 6.) But NRS § 116.3116 indicated that the HOA's lien might have superpriority status, as evidenced by the Nevada Supreme Court's decision to that effect in SFR Invs. Pool 1 v. U.S. Bank ,
BONY next argues that NRS § 107.090's notice provision is inadequate because it does not require the notice to identify the amount of the superpriority lien. (ECF No. 110 at 4-5; ECF No. 112 at 6.) But at least in the abstract, notice of the time and place of the sale provides lenders with an opportunity to inquire about the amount of the superpriority lien. And even if the notice did not contain contact information for the HOA, lenders in theory could attend the foreclosure sale and inquire as to the amount of the superpriority lien. While as a practical matter HOAs tended to refuse to identify the superpriority amount when asked, see U.S. Bank N.A. v. Thunder Props., Inc. , No. 3:16-cv-00700-RCJ-CBC,
BONY argues that the notice required under NRS § 107.090 is inadequate because it does not require the notice to explain how to satisfy the superpriority amount. (ECF No. 110 at 5-6; ECF No. 112 at 6.) But notice need not be an exhaustive guidebook to preserving one's interest. Rather, it must "apprise interested parties of the pendency of the action." Williams ,
BONY further argues that the sale violated due process as applied, asserting the same arguments that support its facial challenge. (ECF No. 110 at 8; ECF No. 112 at 8.) The Court questions whether BONY's argument actually constitutes an as-applied challenge to NRS § 116.3116 as opposed to a claim for violation of due process arising under
4. Revival
BONY argues that NRS § 116.3116 is void ab initio and must be reenacted to have any effect. (ECF No. 112 at 4.) The Court finds this argument unpersuasive because the Ninth Circuit's decision in Bourne Valley was predicated on an incorrect interpretation of Nevada law. In light of the Nevada Supreme Court's clarification of the correct interpretation of NRS § 116.3116, Bourne Valley simply has no force or effect as to the constitutionality of NRS § 116.3116.
B. Equitable Relief
BONY further argues that equitable relief is warranted. (ECF No. 110 at 10.) The Nevada Supreme Court has held that "courts retain the power to grant equitable relief from a defective foreclosure sale." Shadow Wood Homeowners Ass'n v. New York Cmty. Bancorp. ,
Adequacy of sales price aside, BONY has not demonstrated fraud, unfairness or oppression. BONY first argues that the sale was unfair because the HOA represented in the covenants, conditions, and restrictions ("CC&Rs") that the foreclosure sale would not extinguish the first *938DOT. (ECF No. 110 at 10-11.) While a mortgage protection clause alone is insufficient evidence of unfairness to warrant setting aside an HOA foreclosure sale, Bank of New York Mellon v. SFR Invs. Pool 1, LLC , No. 2:17-CV-256-JCM-NJK,
C. Default Judgment Against the Borrowers
SFR argues that it is entitled to summary judgment against the Borrowers. (ECF No. 109 at 19.) BONY does not object. (ECF No. 112 at 11.) The Court finds that default judgment is proper. SFR has satisfied the procedural requirements for default judgment under Fed. R. Civ. P. 55(b). The Clerk properly entered defaults against the Borrowers under Fed. R. Civ. P. 55(a) because the Borrowers failed to appear after having been properly served. (ECF Nos. 54, 55.) SFR has also satisfied the factors for obtaining default judgment articulated in Eitel v. McCool ,
D. Remaining Arguments
The Court rejects as moot SFR's arguments about BONY's right of redemption (ECF No. 109 at 18) and BONY's prudential standing (ECF No. 113 at 6.) The Court also rejects as moot BONY's arguments about the conclusive deed recitations (ECF No. 112 at 10) and SFR's bona fide purchaser status (id. ).
E. Disposition of SFR & BONY's Motions for Summary Judgment
As discussed above, the Court rejects BONY's challenges to the constitutionality of NRS § 116.3116 and to validity of the HOA Sale. The Court thus grants summary judgment in favor of SFR on all BONY's claims against it-quiet title/declaratory judgment, injunctive relief, and violation of procedural due process-because the HOA Sale was valid and extinguished BONY's interest in the Property. SFR acquired title to the Property pursuant to the HOA Sale free and clear of the DOT.
Additionally, SFR's second counterclaim for preliminary and permanent injunction will be dismissed "as the Court follows the well-settled rule that a claim for injunctive relief standing alone is not a cause of action." Wells Fargo Bank, N.A. ,
V. THE HOA'S MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 115)
BONY advanced the following claims against the HOA: violation of procedural due process; tortious interference with contract; breach of the duty of good faith; wrongful foreclosure; and deceptive trade practices. (ECF No. 1 at 6-13.) The HOA moves for summary judgment on each of these claims except the claim for violation of procedural due process. (See ECF No. 115 at 3.) The Court grants summary judgment on all of BONY's claims against the HOA, including the claim for violation of procedural due process.
Although the HOA did not move for summary judgment on BONY's claim for *939violation of procedural due process, the Court will grant summary judgment on this claim sua sponte in light of the Court's findings as to the effect of the HOA Sale in extinguishing BONY's interest in the Property. Sua sponte summary judgment is appropriate because BONY had reasonable notice that the sufficiency of its claim would be at issue in the context of its summary judgment briefing relating to its claims against SFR. See LN Mgmt. LLC Series 7937 Sierra Rim v. Pfeiffer , No. 2:13-cv-01934-JCM-PAL,
Regarding BONY's claim for tortious interference with contract, the HOA argues that BONY has not identified facts to show that the HOA took actions designed to disrupt any contractual relationship. (ECF No. 123 at 5.) The Court agrees. (See ECF No. 121 at 5.) Moreover, BONY's claim seems to be premised on the HOA Sale having been "intentional and wrongful," but the Court's findings do not support this argument. (Id. ) To the contrary, because the HOA Sale was conducted pursuant to a statute- NRS § 116.3116 -that withstands BONY's constitutional challenge, BONY cannot assert that the HOA Sale was wrongful.
Regarding BONY's claim for breach of the duty of good faith under NRS § 116.1113, the HOA argues that BONY lacks standing to pursue such a claim under NRS § 116.4117(2). (ECF No. 123 at 6.) NRS § 116.4117(2) limits who may bring a civil action for failure to comply with Chapter 116 to HOAs, a unit's owner, and a class of unit's owners. Given that BONY does not argue that it is among these groups entitled to bring suit for violation of Chapter 116 (see ECF No. 121 at 4-5), the Court agrees with the HOA.
Regarding BONY's claim for wrongful foreclosure, the HOA argues that BONY cannot prevail because it cannot show that the debtor was in default. (ECF No. 123 at 7.) "The elements of a claim for wrongful foreclosure are: (1) that a foreclosure sale occurred; and (2) the [debtor] was not in default." Elizon Master Participation Tr. 1 v. Saticoy Bay LLC Series 8920 El Diablo , No. 2:16-cv-00751-JCM-VCF,
Regarding BONY's claim for deceptive trade practices, the HOA argues that BONY cannot prevail on its claim because NRS Chapter 598 only applies to goods and services-not real estate loan transactions. (ECF No. 123 at 7.) BONY responds that the HOA provided services in the form of enforcing a general plan for the maintenance, care, use, and management of the HOA neighborhood. (ECF No. 121 at 6.) The Court agrees with the HOA. See Bank of New York Mellon v. Sierra Ranch Homeowners Ass'n , No. 2:15-cv-01914-JCM-PAL,
The HOA appears in its reply to request summary judgment on BONY's claim for quiet title (ECF No. 123 at 3 ("The HOA is entitled to summary judgment as to Plaintiff's First Claim for Relief for Quiet Title because it does not have a current interest in the subject property."), but BONY does *940not assert this claim against the HOA (see ECF No. 1 at 6).
Accordingly, the Court grants summary judgment in favor of the HOA on BONY's claims.
VI. CONCLUSION
The Court notes that the parties made several arguments and cited to several cases not discussed above. The Court has reviewed these arguments and cases and determines that they do not warrant discussion as they do not affect the outcome of the motions before the Court.
It is therefore ordered that SFR's motion for summary judgment (ECF No. 109) is granted. The Court declares that the HOA Sale extinguished the DOT.
It is further ordered that BONY's motion for summary judgment (ECF No. 110) is denied.
It is further ordered that the HOA's motion for partial summary judgment (ECF No. 115) is granted.
It is further ordered that the Clerk of the Court enter default judgment against Joaquin Valdez and Victoria J. Arboleda.
It is further ordered that the Clerk of the Court enter judgment in favor of SFR and the HOA on all claims and close this case.
Reference
- Full Case Name
- The BANK OF NEW YORK MELLON fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2006-OC9, Mortgage Passthrough Certificates, Series 2006-OC9 v. LOG CABIN MANOR HOMEOWNERS ASSOCIATION SFR Investments Pool 1, LLC Doe Individuals I-X, Inclusive, and Roe Corporations I-X, Inclusive, SFR Investments Pool 1, LLC, Counterclaimant v. The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2006-OC9, Mortgage Passthrough Certificates, Series 2006-OC9 Mortgage Electronic Registration Systems, Inc., a Delaware Corporation, as Nominee Beneficiary for DHI Mortgage Company, Ltd. Victoria J. Arboldea, an Individual and Joaquin Valdez, an Individual, Counter-Defendants/Cross-Defendants.
- Cited By
- 4 cases
- Status
- Published