Zaisan Enter.'S Llc Vs. Green Tree Serv., Llc
Zaisan Enter.'S Llc Vs. Green Tree Serv., Llc
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
ZAISAN ENTERPRISES LLC, No. 75958 Appellant, vs. FILED GREEN TREE SERVICING LLC, Respondent.
ORDER OF AFFIRMANCE This is an appeal from a district court order granting summary judgment in an action to.quiet title. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1.029 (2005), we affirm.1 In Saticoy Bay LLC Series 9641 Christine View v. Federal National Mortgage Asen, 134 Nev. 270, 272-74, 417 P.3d 363. 367-68 (201 8). this court held that 12 U.S.C. § 4617(j)(3) (2012) (the Federal Foreclosurc Bar) preempts NRS 116.3116 and prevents an HOA foreclosure saie from extinguishing a first deed of trust when the subject loan is owned by the Federal Housing Finance Agency (or when the FHFA is acting as conservator of a federal entity such as Freddie Mac or Fannie Mae), unless the federal entity explicitly consents to the foreclosure, id. at 274, 417 1.3d at 368 (recognizing that Freddie Mac or Fannie Mae must affirma&,ely relinquish the protections of the Federal Foreclosure Bar). And in Nationstar Mortgage, LLC v. SFR Investments Pool 1, LLC, 133 Nev. 247, 250-51, 396 P.3d 754, 757-58 (2017), this court held that loan servicers such
1Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.
/9- 3999Y as respondent have standing to assert the Federal Foreclosure Bar on behalf of Freddie Mac or Fannie Mae. Consistent with these decisions, the district court correctly determined that respondent had standing to assert the Federal Foreclosure Bar on Fannie Mae's behalf, that neither Fannie Mae nor respondent explicitly consented to the foreclosure sale, and that the foreclosure sale did not extinguish the first deed of trust• because Fannie Mae owned the secured loan at the time of the sale.
Appellant contends that it is protected as a bona fide purchaser from the Federal Foreclosure Bar's effect. But we recently held that an HOA foreclosure sale purchaser's putative status as a bona fide purchaser is inapposite when the Federal Foreclosure Bar applies because Nevada law does not require Freddie Mac (or in this case Fannie Mae) to publicly record its ownership interest in the subject loan. Daisy Trust v. Wells Fargo Bank, N.A., 135 Nev., Adv. Op. 30 at 7-8 (2019). Appellant also raises arguments challenging the sufficiency and admissibility of respondent's evidence demonstrating Fannie Mae's interest in the loan, but we recently addressed and rejected similar arguments with respect to similar evidence. Id. at 8- 11.2 Accordingly, the district court correctly determined that appellant took title to the property subject to the first deed of trust. We therefore
2To the extent appellant has raised arguments that were not explicitly addressed in Daisy Trust, none of those arguments convince us that the district court abused its discretion in admitting respondent's evidence. 135 Nev., Adv. Op. 30 at 8 (recognizing that this court reviews a district court's decision to admit evidence for an abuse of discretion).
ORDER the judgment of the district court AFFIRMED.
Pickering
CLA-)1 Parraguirre
J.
Cadish
cc: Hon. Tierra Danielle Jones, District Judge Wolfe Thompson Wolfe & Wyman LLP Fennemore Craig P.C./Reno Arnold & Porter Kaye Scholer LLP/Washington DC Eighth District Court Clerk
SUPREME COURT OF NEVADA
(0) 1947A .mit
Case-law data current through December 31, 2025. Source: CourtListener bulk data.