1 || KAREN L. HANKS, Esa. Nevada Bar No. 9578 2 || E-mail: [email protected] CHANTEL M. SCHIMMING, ESQ. 3 || Nevada Bar No. 8886 E-mail: [email protected] 4 || Hanks Law Group 7625 Dean Martin Drive, Suite 110 5 || Las Vegas, Nevada 89139 Telephone: (702) 758-8434 6 || Attorneys for SFR Investments Pool 1, LLC UNITED STATES DISTRICT COURT

9 DISTRICT OF NEVADA

10 || DEUTSCHE BANK NATIONAL TRUST Case No. 2:16-cv-00245-GMN-PAL COMPANY, AS TRUSTEE FOR THE 11 || HOLDERS OF THE GSAMP TRUST 2005- SEA2; [PROPOSED] ORDER VACATING IN me 12 PART ORDER ENTERED JULY 27, 2018 (> Plaintiff, [ECF NO. 81] _ 13 | vs. << 14 || THE FOOTHILLS AT SOUTHERN HIGHLANDS HOMEOWNERS 15 || ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; RED ROCK FINANCIAL ~~. 16 |) SERVICES, LLC, Defendants. — 17 18 || AND ALL RELATED MATTERS. 19 On July 27, 2018, this Court denied summary judgment as to SFR Investments Pool 1, 20 LLC’s (“SFR”) claims for quiet title and injunctive relief against Deutsche Bank National Trust 21 Company, as Trustee for the Holders of the GSAMP Trust 2005-SEA2 (“Deutsche”) and Mortgage 22 Electronic Registration Systems, Inc., as nominee beneficiary for Meridias Capital, Inc. (““MERS”) 23 because, under Bourne Valley Court Trust v. Wells Fargo Bank, N.A.,

(9th Cir. 24 2016), the Foothills At Southern Highlands Homeowners Association (“HOA”) “foreclosed under 25 a facially unconstitutional notice scheme” and therefore the “foreclosure sale cannot have 26 extinguished” either Deutsche’s deed of trust or MERS’ deed of trust on the property. [Order 9:4— 27 6, 9:10-16, ECF No. 81]. The Ninth Circuit has since held, however, that Nevada’s homeowner’s 28

1 || association foreclosure scheme is not facially unconstitutional because the decision in Bourne 2 || Valley was based on a construction of Nevada law that the Nevada Supreme Court has since made 3 || clear was incorrect. See Bank of Am., N.A. v. Arlington W. Twilight Homeowners Ass’n,

|| 620, 624 (9th Cir. 2019) (recognizing that Bourne Valley “no longer controls the analysis” in light 5 || of SFR Investments Pool 1, LLC v. Bank of New York Mellon,

(Nev. 2018)). 6 || Accordingly, this Court vacates its Order [ECF No. 81] to the extent that the Order granted 7 || Deutsche’s Motion for Summary Judgment as against SFR and to the extent that the Order denied 8 || SFR’s Motion for Summary Judgment as it relates to Deustche and MERS. In its stead, the Court 9 || enters judgment as follows: 10 IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Order entered on 11 |] July 27, 2018, as [ECF No. 81] is VACATED IN PART. Specifically, this Court vacates (1) the 12 || portion of the July 27, 2018 Order directing that summary judgment be entered in favor of 13 || Deutsche as to its claims against SFR, and (2) the portion of the July 27, 2018 Order directing that 14 || SFR's motion for summary judgment with regard to counterclaim defendant MERS be denied. The D 15 || Court expressly does not vacate the portion of the July 27, 2018, Order directing that summary Z 16 || judgment be entered in favor of SFR with regard to its claims against Ulfat S. Siddiqui, in his — 7 |] individual capacity as well as in his capacity as trustee of the Ulfat S. Siddiqui Trust-90. 18 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that SFR Investments 19 || Pool 1, LLC will proceed with its claims against MERS by filing a Renewed Motion for Judgment 20 || by Default as against MERS. 21 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all claims between 22 || Deutsche Bank National Trust Company, as Trustee for the Holders of the GSAMP Trust 2005- 23 || SEA2 and SFR Investments Pool 1, LLC are dismissed with prejudice, with each party to bear its 24 || own fees and costs. 25 || IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Red Rock Financial 26 || Services, LLC has already been dismissed, with prejudice, from this action and need not participate 27 || further in these proceedings. 28

ty

1 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the status check 2 |) hearing scheduled for July 11, 2022, at 11:00 AM, is vacated. 4 6 8 9 || Respectfully submitted by: Approved as to form and content by: 10 || Hanks LAw Group AKERMAN LLC 11 |) 4/ Chantel M. Schimming /s/ Scott R. Lachman CHANTEL M. SCHIMMING, ESQ. ARIEL E. STERN, ESO. ~~ 12 1! Nevada Bar No. 8886 Nevada Bar No. 8176 > 7625 Dean Martin Drive, Suite 110 SCOTT R. LACHMAN, Eso. _ 13 || Las Vegas, Nevada 89139 Nevada Bar No. 12016 = Attorneys for SFR Investments Pool 1, LLC 1635 Village Center Circle, Suite 200 14 Las Vegas, Nevada 89134 Attorneys for Deutsche Bank National Trust 15 Company, as trustee for the Holders of the > 6 GSAMP Trust 2005-SEA2 < Approved as to form and content by: ig KocH & Scow LLC /s/ Steven B. Scow 19 DAVID R. Kocu, Eso. Nevada Bar No. 8803 20 STEVEN B. Scow, Esa. Nevada Bar No. 9906 21 KERRY P. FAUGHNAN, ESQ. Nevada Bar No. 12204 11500 S. Eastern Ave., Ste. 210 SO ORDERED. Henderson, NV 89052 23 Attorneys for Red Rock Financial Services, Dated this 7 day of July, 2022. LLC 24 25 26 Gloria*M | Navarro, District Judge 27 || UNITED/STATES DISTRICT COURT 28

□□