My Global Village LLC v. Federal National Mortgage Association et al

Filing 69

ORDER that the claims by My Global Village, LLC against Nevada Association Services, Inc. are DISMISSED with prejudice under Rule 41(a)(2). Clerk directed to close case. IT IS SO ORDERED. Signed by Judge Robert C. Jones on 01/06/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ______________________________________ ) ) MY GLOBAL VILLAGE, LLC, ) ) Plaintiff, ) ) vs. ) ) FEDERAL NATIONAL MORTGAGE ) ASSOCIATION et al., ) ) Defendants. ) 2:15-cv-00211-RCJ-NJK ORDER 12 13 This case arises out of a homeowner’s association foreclosure sale. In 2003, non-party 14 Carl D. Carlos purchased real property at 7709 Wedlock Lane, Las Vegas, Nevada 89129 (“the 15 Property”), giving non-party SunTrust Mortgage, Inc. a promissory note in the amount of 16 $181,600 (“the Note”), secured by a deed of trust (“the DOT”) against the Property. (See Answer 17 & Countercl. ¶ 10, ECF No. 5). Defendant Federal National Mortgage Association (“Fannie 18 Mae”) purchased the Note on March 1, 2003 and obtained a separate assignment of the DOT on 19 October 13, 2013, (id. ¶¶ 12, 14), although the DOT had followed the Note to Fannie Mae on 20 March 1, 2003 as a matter of law, see, e.g., Edelstein v. Bank of N.Y. Mellon, 286 P.3d 249, 257 21 (Nev. 2012). The Federal Housing Finance Agency (“FHFA”) placed Fannie Mae into 22 conservatorship on September 6, 2008. (Answer & Countercl. ¶ 13). On December 5, 2014, 23 Counterdefendant Mountain Shadow Homeowner’s Association, Inc. (“the HOA”) sold the 24 1 of 3 1 Property to Plaintiff My Global Village, LLC (“MGV”) at an HOA sale for $138,000, although 2 the fair market value of the Property was over $250,000. (Id. ¶¶ 30, 33, 36). MGV sued Fannie Mae and trustee/auctioneer Nevada Association Services, Inc. 3 4 (“NAS”) in state court to quiet title to the Property, for a declaration that the HOA sale 5 extinguished the DOT, for an injunction against Fannie Mae foreclosing under the DOT, and for 6 breach of contract and indemnification against NAS. Fannie Mae removed, answered, and filed 7 a Counterclaim against MGV and the HOA for declaratory relief that the HOA foreclosure 8 cannot have extinguished Fannie Mae’s interest in the DOT under 12 U.S.C. § 4617(j)(3), to 9 quiet title to the Property, and, in the alternative, for unjust enrichment. NAS separately 10 answered. The FHFA intervened as a Defendant, answered, and filed a Counterclaim against 11 MGV, the HOA, and NAS for declaratory relief that the HOA foreclosure cannot have 12 extinguished its interest in the DOT and to quiet title to the Property under 12 U.S.C. 13 § 4617(j)(3). The HOA asked the Court to dismiss Fannie Mae’s counterclaims for lack of 14 subject matter jurisdiction, and the Court denied the motion. The HOA later asked the Court to 15 dismiss FHFA’s counterclaim for failure to state a claim, and the FHFA and Fannie Mae asked 16 the Court to grant them offensive summary judgment on their counterclaims. The Court granted 17 the HOA’s motion and dismissed it from the case because it disclaimed any interest in the 18 Property. The Court also granted the FHFA’s and Fannie Mae’s motion and ordered them to 19 submit a proposed form of judgment. They complied, and the Court entered the judgment. Only 20 MGV’s claims against NAS remained at that point. The parties have informed the Court that the 21 remaining claims have been resolved. 22 /// 23 /// 24 2 of 3 CONCLUSION 1 2 IT IS HEREBY ORDERED that the claims by My Global Village, LLC against Nevada 3 Association Services, Inc. are DISMISSED with prejudice under Rule 41(a)(2). 4 IT IS FURTHER ORDERED that the Clerk shall close the case. 5 IT IS SO ORDERED. 6 Dated this 6th day of January, 2017. 7 8 9 _____________________________________ ROBERT C. JONES United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3 of 3

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