Christiana Trust v. K&P Homes

Filing 60

ORDER AND JUDGMENT - Judgment on the Complaint and Counterclaim is entered in favor of Christiana Trust and against K&P Homes, a Series LLC of DEK Holdings, LLC (K&P Homes). Clerk shall issue a Rule 4(m) notice as to Defendant Rita Wiegand with res pect to the Complaint. Defendant K&P Homes shall either ask the Clerk to enter default against Rita Wiegand on the Third Party Complaint or file a notice of dismissal under Rule 41, by 2/28/2018. Signed by Judge Robert C. Jones on 2/14/2018. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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CHRISTIANA TRUST,
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Plaintiff,
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vs.
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K&P HOMES et al.,
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Defendants.
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2:15-cv-01534-RCJ-VCF
ORDER AND JUDGMENT

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This case arises out of an HOA foreclosure of real property. The Court has ruled that due

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process prevented the sale from extinguishing the first deed of trust. See Bourne Valley Court

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Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), cert. denied 137 S. Ct. 2296,

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2297 (2017). Plaintiff Christiana Trust has submitted a proposed judgment as instructed, but the

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Court rejects it because it suggests the Chapter 116 sale was altogether void. Plaintiff prayed for

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such a declaration only in the alternative to a declaration that the deed of trust survived the sale.

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(See Compl. 14, ECF No. 1). The only remaining claim concerning the general validity of the

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sale appears in Defendant K&P Homes’ Third Party Complaint against the previous homeowner

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Rita Wiegand, who appears to have defaulted on that claim over two years ago. 1

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1 Although Wiegand is also named as a Defendant in the Complaint, Plaintiff does not appear
ever to have submitted a proposed summons to the Clerk.
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Judgment on the

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Complaint and Counterclaim is entered in favor of Christiana Trust and against K&P Homes, a

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Series LLC of DEK Holdings, LLC (“K&P Homes”).

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Christiana Trust’s

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Deed of Trust recorded on July 25, 2007 as Instrument No.20070725-0005226 of the official

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records of Clark County, Nevada was not extinguished by the May 31, 2013 foreclosure sale of

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the Property commonly known as 7461 Glimmering Sun Avenue, Las Vegas, Nevada 89178;

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APN 176-27-312-159 (“the Property”) or the June 4, 2013 Foreclosure Deed (Instrument No.

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20130604-0000600), and the Deed of Trust still encumbers the Property. Christiana Trust shall

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have the right to foreclose or otherwise enforce the Deed of Trust with regard to the Property in

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accordance with law and contract.

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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that K&P Homes shall
recover nothing by way of its Counterclaim against Christiana Trust.
IT IS FURTHER ORDERED that the Clerk shall issue a Rule 4(m) notice as to
Defendant Rita Wiegand with respect to the Complaint.
IT IS FURTHER ORDERED that within fourteen (14) days of the entry of this Order and

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Judgment, Defendant K&P Homes shall either ask the Clerk to enter default against Rita

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Wiegand on the Third Party Complaint or file a notice of dismissal under Rule 41.

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IT IS SO ORDERED.

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Dated this 18th day 2018.
February 14, of January, 2018.

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_____________________________________
ROBERT C. JONES
United States District Judge

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