BHH Management Group, Inc. v. Federal National Mortgage Association
Filing
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ORDER Denying 16 Motion to Refer this Matter to the Bankruptcy Court. Signed by Magistrate Judge Carl W. Hoffman on 9/17/2015. (Copies have been distributed pursuant to the NEF - DC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BHH MANAGEMENT GROUP, INC.,
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Plaintiff,
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vs.
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FEDERAL NATIONAL MORTGAGE
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ASSOCIATION,
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Defendant.
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__________________________________________)
Case No. 2:15-cv-01182-GMN-CWH
ORDER
This matter is before the Court on Plaintiff BHH Management Group, Inc.’s Motion to
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Refer Case to United States Bankruptcy Court, District of Nevada (ECF No.16), filed on July 31,
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2015. Defendant Federal National Mortgage Association (“Fannie Mae”) filed an Opposition (ECF
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No. 20) on August 21, 2015. BHH Management Group did not file a reply.
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BACKGROUND
This action involves a parcel of real property located in Las Vegas, Nevada. On or about
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December 15, 2006, Craig Sonke obtained a mortgage with an original principal balance of
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$190,000.00, secured by a first deed of trust against the Subject Property (“Subject Loan”). Fannie
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Mae is the current record owner of the Subject Loan as of April 17, 2015.
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On or about February 7, 2012, Craig Sonke filed bankruptcy and sold the Subject Property
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to Plaintiff in the bankruptcy. On or about December 16, 2013, the bankruptcy court issued an
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order (“Bankruptcy Order”) granting Plaintiff title to the Subject Property subject to all liens and
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encumbrances existing on the Subject Property. The Bankruptcy Order further expressly states,
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among other things, “[t]his [s]ale does not affect the secured creditors’ abilities to exercise their
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remedies against the Property, including enforcing their security interests under a Note and Deed of
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Trust by foreclosing on the Property.” Pursuant to the Bankruptcy Order, on or about December
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17, 2013, a quitclaim deed was recorded, granting Plaintiff title to the Subject Property subject to
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any and all claims, liens and other encumbrances.
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In this case, Plaintiff sued Fannie Mae to obtain title to the subject property free and clear of
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all properly recorded liens, as well as damages and fees. The Complaint alleges Fannie Mae knew
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of Plaintiff’s interest in the Subject Property when Fannie Mae was assigned the Subject Loan in
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April 2015. Despite this, Fannie Mae allegedly refused to negotiate with Plaintiff regarding the
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Subject Loan. Plaintiff also alleges Fannie Mae failed to give Plaintiff any notice of the Notice of
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Sale recorded on April 17, 2015.
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Plaintiff now moves to transfer this case to the United States Bankruptcy Court for the
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District of Nevada. Plaintiff argues this case concerns a dispute over the scope of the agreement
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entered between the Bankruptcy Trustee and Plaintiff, and that the case should therefore be referred
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to the bankruptcy court for disposition. Defendant responds that there is no basis to refer this
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matter to bankruptcy court. According to Defendant, this lawsuit does not involve the Bankruptcy
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Order granting Plaintiff title to the real property subject to Fannie Mae’s mortgage interests.
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Rather, the Complaint disputes the propriety of foreclosure proceedings that occurred in 2015, two
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years after the bankruptcy issues were resolved.
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DISCUSSION
Plaintiff was not a Debtor in the bankruptcy action. Plaintiff is asserting non-bankruptcy
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claims against Fannie Mae. An adjudication of such claims therefore has no effect on any
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bankruptcy estate. While it is true that the Bankruptcy Order provided the bankruptcy court with
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jurisdiction to adjudicate all disputes relating to the Order, there is nothing in the underlying
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Complaint that disputes, contests or otherwise implicates the Order. The Bankruptcy Order granted
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Plaintiff title interest in the Subject Property subject to Fannie Mae’s mortgage interests in the
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Subject Loan. The Complaint does not allege that Fannie Mae is contesting Plaintiff’s title to the
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Subject Property. Nor does the Complaint allege Fannie Mae’s interest was extinguished as a result
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of the sale of the Subject Property in Debtor’s bankruptcy. Rather, the Complaint’s sole basis for
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its state law claims is that the 2015 foreclosure proceeding that Fannie Mae initiated against the
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Subject Property is invalid because Plaintiff did not receive notice of the foreclosure sale. These
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facts and circumstances are clearly separate and distinct from the Bankruptcy Order.
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Accordingly, Plaintiff’s Motion to refer this matter to the Bankruptcy Court is denied.
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IT IS HEREBY ORDERED Plaintiff’s Motion to refer this matter to the Bankruptcy
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Court (ECF No. 16) is denied.
DATED: September 17, 2015
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______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge
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