Green Tree Servicing LLC v. SFR Investments Pool1, LLC et al

Filing 120

ORDER. IT IS ORDERED AND ADJUDGED that 107 the clerk's judgment issued in favor of SFR Investments Pool 1, LLC (SFR) be and hereby is VACATED. IT IS FURTHER ORDERED AND ADJUDGED that 69 Ditech Financial, LLC f/k/a Green Tree Servicing LLC ( Ditech)'s motion for summary judgment is GRANTED. IT IS FURTHER ORDERED AND ADJUDGED that Ditech's remaining claims are DISMISSED AS MOOT. IT IS FURTHER ORDERED AND ADJUDGED that 68 SFR's motion for summary judgment is DENIED. IT I S FURTHER ORDERED AND ADJUDGED that SFR Investments Pool 1, LLC's counterclaim against Ditech is DISMISSED AS MOOT. IT IS FURTHER ORDERED AND ADJUDGED that Elkhorn Community Association's third party claim against Absolute Collection Servi ces, LLC is DISMISSED AS MOOT. IT IS FURTHER ORDERED AND ADJUDGED that final judgment is hereby entered resolving all claims in this case. See Order for Details. Signed by Judge James C. Mahan on 1/31/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:15-cv-00476-JCM-CWH Document 119 Filed 01/21/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DITECH FINANCIAL, LLC F/K/A GREEN
TREE SERVICING, LLC,
Plaintiff,

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JUDGMENT

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v.

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SFR INVESTMENTS POOL 1, LLC;
ELKHORN COMMUNITY ASSOCIATION,

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AKERMAN LLP

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

Case No.: 2:15-cv-00476-JCM-CWH

Defendants.

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AND RELATED CASES

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Pursuant to the United States Court of Appeals for the Ninth Circuit's memorandum dated
November 21, 2019 (ECF No. 111) and its mandate dated December 13, 2019 (ECF No. 112);

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IT IS ORDERED AND ADJUDGED that the clerk's judgment (ECF No. 107) issued in
favor of SFR Investments Pool 1, LLC (SFR) be and hereby is VACATED;

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IT IS FURTHER ORDERED AND ADJUDGED that Ditech Financial, LLC f/k/a Green

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Tree Servicing LLC (Ditech)'s motion for summary judgment (ECF No. 69) is GRANTED. The

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Federal Foreclosure Bar, 12 U.S.C. § 4617(j)(3), expressly precludes the extinguishment of Federal

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National Mortgage Association (Fannie Mae)'s property interest without the Federal Housing

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Finance Agency's consent, and preempts the Nevada statute that otherwise allows properly

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conducted HOA foreclosure sales of superpriority liens to extinguish all junior interests, including

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deeds of trust. Therefore, the Court declares that the deed of trust recorded in the Official Records of

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Clark County, Nevada against the real property located at 7701 Flourish Springs Street, Las Vegas,

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Nevada 89131 (APN 125-16-613-001), as instrument number 20071213-0001569 (the Deed of

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Trust), was not extinguished, impaired, or otherwise affected by the foreclosure sale conducted by

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Elkhorn Community Association on December 11, 2012 (the HOA Foreclosure Sale), or the

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recording of the Trustee's Deed Upon Sale in the Official Records of Clark County, Nevada on
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Case 2:15-cv-00476-JCM-CWH Document 119 Filed 01/21/20 Page 2 of 2

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December 13, 2012, as Instrument No. 201212130001077, reflecting that SFR purchased the

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Property at the HOA Foreclosure Sale. SFR's interest in the property is subject to the Deed of Trust.

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IT IS FURTHER ORDERED AND ADJUDGED that Ditech's remaining claims are

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DISMISSED AS MOOT.

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IT IS FURTHER ORDERED AND ADJUDGED that SFR's motion for summary
judgment (ECF No. 68) is DENIED.

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IT IS FURTHER ORDERED AND ADJUDGED that SFR Investments Pool 1, LLC's
counterclaim against Ditech is DISMISSED AS MOOT.

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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IT IS FURTHER ORDERED AND ADJUDGED that Elkhorn Community Association's
third party claim against Absolute Collection Services, LLC is DISMISSED AS MOOT.

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IT IS FURTHER ORDERED AND ADJUDGED that final judgment is hereby entered
resolving all claims in this case. This clerk is instructed to close the case.

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________________________________________
UNITED STATES DISTRICT JUDGE

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January 31, 2020
DATED: _________________________________

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