Williston Investment Group, LLC v. JP Morgan Chase Bank NA et al

Filing 116

ORDER. IT IS HEREBY ORDERED that 113 , 115 the Stipulation to Dismiss Remaining Claims is GRANTED. Signed by Chief Judge Gloria M. Navarro on 1/3/2019. (Copies have been distributed pursuant to the NEF - ADR)

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[phone] FAX [phone]

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135-2958

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Abran E. Vigil
Nevada Bar No. 7548
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Tel: [phone]
Fax: [phone]
[e-mail]
Matthew D. Lamb
Nevada Bar No. 12991
BALLARD SPAHR LLP
1909 K Street NW, 12th Floor
Washington, D.C. 20006
Tel: [phone]
Fax: [phone]
[e-mail]

10 Attorneys for JPMorgan Chase Bank,
N.A.; Mortgage Electronic Registration
11 Systems, Inc.; and Federal Home Loan
Mortgage Corporation
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WILLISTON INVESTMENT GROUP, LLC, Case No. 2:14-cv-02038-GMN-PAL
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Plaintiff,
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vs.
AMENDED STIPULATION TO
DISMISS REMAINING CLAIMS
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JPMORGAN CHASE BANK NATIONAL
18 ASSOCIATION; MORTGAGE
ELECTRONIC REGISTRATION
19 SYSTEMS, INC.; MTC FINANCIAL, INC.;
FEDERAL HOME LOAN MORTGAGE
20 CORPORATION; ROBERT WAKEFIELD;
DOES I through X; and ROE
21 CORPORATIONS I through X,
Defendants,

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and

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FEDERAL HOUSING FINANCE AGENCY,

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Intervenor.

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JPMORGAN CHASE BANK NATIONAL
ASSOCIATION; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.; and FEDERAL HOME
LOAN MORTGAGE CORPORATION;
Counter-claimants,

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vs.

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WILLISTON INVESTMENT GROUP,
LLC and DESERT LINN
CONDOMINIUMS,

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Counter-defendants.

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FEDERAL HOUSING FINANCE
AGENCY,

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[phone] FAX [phone]

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135-2958

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Counter-claimant,

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vs.

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WILLISTON INVESTMENT GROUP,
LLC and DESERT LINN
CONDOMINIUMS,

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Counter-defendants.
Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), Williston Investment Group, LLC

17 (“Williston”);

JPMorgan

Chase

Bank

N.A.

(“Chase”);

Mortgage

Electronic

18 Registration Systems, Inc. (“MERS”); the Federal Home Loan Mortgage Corporation
19 (“Freddie Mac”); MTC Financial, Inc. (“MTC”); the Desert Linn Condominiums
20 (“HOA”); and the Federal Housing Finance Agency, as Conservator for Freddie Mac
21 (“FHFA”) (collectively, the “Stipulating Parties”) stipulate as follows:
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1.

This is a quiet title action involving the residential property at 1519

23 Lake Placid Terrace, Henderson, Nevada 89014 (the “Property”).
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2.

On July 12, 2005, Robert Wakefield obtained a loan for $153,000 (the

25 “Loan”) from Washington Mutual Bank, FA. The Loan was evidenced by a Note and
26 secured by a Deed of Trust recorded against the Property on July 18, 2005.
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3.

On or about August 23, 2005, Freddie Mac purchased the Loan,

28 including the Note and Deed of Trust.
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4.

On March 15, 2013, the HOA conducted a foreclosure sale of the

Property. Williston was the highest bidder at the sale.
5.

On June 16, 2014, a formal assignment of the Deed of Trust to Freddie

Mac was executed. The assignment was later recorded on July 15, 2014.
6.

On July 11, 2014, MTC conducted a trustee’s sale under the Deed of

Trust. Freddie Mac was the highest bidder at the sale.
7.

Williston initiated this case on October 21, 2014 by filing a complaint in

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the Eighth Judicial District Court of Nevada. ECF No. 1-1. The complaint included

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the following claims:
a.

Wrongful foreclosure against Chase and MTC;

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[phone] FAX [phone]

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135-2958

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b.

Declaratory relief/quiet title against Chase, MERS, MTC, Freddie
Mac, and Wakefield;

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c.

Slander of title against Chase, MTC, and Freddie Mac; and

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d.

Injunctive relief against Freddie Mac.

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The case was removed to this Court on December 4, 2014. ECF No. 1.

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On December 22, 2014, Chase, MERS, and Freddie Mac filed the

17 following counterclaims (ECF No. 13):
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a.

Declaratory relief against Williston and the HOA;

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b.

Quiet title against Williston; and

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c.

Unjust enrichment claim against Williston.

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10.

On February 9, 2015, after intervening as a defendant, FHFA filed the

22 following counterclaims (ECF No. 41):
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a.

Declaratory judgment against Williston and the HOA; and

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b.

Quiet title against Williston.

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11.

On February 25, 2015, FHFA and Freddie Mac filed a motion for

26 summary judgment arguing that (1) 12 U.S.C. § 4617(j)(3) preempts any Nevada law
27 that would otherwise permit an HOA foreclosure sale to extinguish a property
28 interest of Freddie Mac while it is under FHFA’s conservatorship; and (2) the HOA
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foreclosure sale did not extinguish Freddie Mac’s interest in the Property, and thus

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Williston took an interest in the Property, if any, that was subject to Freddie Mac’s

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Deed of Trust. ECF No. 44. On May 7, 2015, Chase and MERS filed a joinder to the

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motion. ECF No. 58. On July 13, 2015, the Court granted the motion, holding that

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Freddie Mac’s Deed of Trust survived the HOA foreclosure sale. ECF No. 75.

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12.

The Court’s order effectively entered summary judgment in favor of

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FHFA, Freddie Mac, Chase, and MERS on their claims for declaratory relief and quiet

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title. The order also effectively entered summary judgment against Williston on its

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claim for quiet title.
13.

The Court’s order did not explicitly resolve Williston’s claims for

11 wrongful foreclosure, slander of title, and injunctive relief. It also did not explicitly
[phone] FAX [phone]

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135-2958

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12 resolve the claims of Freddie Mac, Chase, and MERS for unjust enrichment.
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Because Williston wished to file an immediate appeal of the Court’s

14 summary judgment ruling, and because the outcome of the remaining claims would
15 largely depend on the outcome of the appeal, the parties stipulated to entry of a final
16 judgment with respect to their quiet title and declaratory relief claims. ECF No. 96.
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15.

The Ninth Circuit has now affirmed this Court’s order holding that

18 Freddie Mac’s Deed of Trust survived the HOA foreclosure sale. ECF No. 107.
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As a result, Williston’s claims for wrongful foreclosure, slander of title,

20 and injunctive relief necessarily fail because they were premised on the argument
21 that Freddie Mac’s Deed of Trust was extinguished.
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17.

Further, the alternative claim of Freddie Mac, Chase, and MERS for

23 unjust enrichment is now moot because this claim would only be raised if the Court
24 held that Freddie Mac’s Deed of Trust was extinguished.
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Accordingly, the Stipulating Parties agree that these claims should be

26 dismissed.
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19.

The requested dismissal will resolve all remaining claims and will result

28 in a final judgment.
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20.

Because defendant Robert Wakefield has not appeared, his consent to

the requested dismissal is not required.

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21.

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Dated: January 2, 2018.

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AYON LAW, PLLC

GORDON & REES LLP

By: /s/ Luis A. Ayon
Luis A. Ayon
Nevada Bar No. 9752
8716 Spanish Ridge Ave., Ste. 115
Las Vegas, Nevada 89147

By: /s/ Robert S. Larsen
Robert S. Larsen
Nevada Bar No. 7785
David T. Gluth II
Nevada Bar No. 10596
300 S. 4th Street, Suite 1550
Las Vegas, Nevada 89101

Attorneys for Williston Investment
Group, Inc.

Attorneys for Desert Linn
Condominiums

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[phone] FAX [phone]

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135-2958

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Each of the Stipulating Parties will bear its own fees and costs.

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BALLARD SPAHR LLP

FENNEMORE CRAIG, P.C.

By: /s/ Matthew D. Lamb
Matthew D. Lamb
Nevada Bar No. 12991
1909 K Street NW, 12th Floor
Washington, D.C. 20006

By: /s/ Leslie Bryan Hart
Leslie Bryan Hart
Nevada Bar No. 4932
John D. Tennert
Nevada Bar No. 11728
300 E. Second St, Suite 1510
Reno, Nevada 89501

Attorneys for JPMorgan Chase Bank,
N.A.; Mortgage Electronic Registration
Systems, Inc.; and Federal Home Loan
Mortgage Corporation

Attorneys for Federal Housing Finance
Agency

BURKE, WILLIAMS & SORENSEN, LLP
By: /s/ Richard J. Reynolds

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ORDER

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IT IS HEREBY ORDERED that the Stipulation to Dismiss Remaining Claims, (ECF
Nos. 113, 115), is GRANTED.
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DATED this ____ day of January, 2019.

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________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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