Bank of America, N.A. v. Lake Mead Court Homeowners Association et al

Filing 113

DEFAULT JUDGMENT in favor of SFR Investments Pool 1, LLC against Carlos Nevarez re 110 Motion for Default Judgment. Signed by Chief Judge Gloria M. Navarro on 2/14/2019. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ______________________________________ BANK OF AMERICA, N.A., SUCCESSOR Case No. 2:16-cv-00504-GMN-NJK BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE JUDGMENT BY DEFAULT AGAINST HOME LOANS SERVICING, LP, CARLOS NEVAREZ Plaintiff, vs. 8 LAKE MEAD COURT HOMEOWNERS ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; ALESSI & KOENIG, LLC, 9 Defendants. 10 Counter/Cross Claimant, 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 ______________________________________ SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, 13 vs. 14 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP; and CARLOS NEVAREZ, an individual, 15 16 Counter-Defendant/Cross-Defendant. 17 18 19 This matter came before the Court on SFR Investments Pool 1, LLC’s (“SFR”) application 20 for default judgment against Cross-Defendants CARLOS NEVAREZ (“Nevarez” or “Cross- 21 Defendant). Having considered the application, including the declarations attached thereto, the 22 Court makes the following findings of fact and conclusions of law: 23 1. On May 14, 2016, SFR filed a Cross-Claim (ECF No. 32) for quiet title and declaratory 24 relief against Nevarez (“Cross-Claim”) relating to real property located at 2092 Scanlon 25 Ferry, Unit 103, Las Vegas, NV 89156; Parcel No. 140-22-618-081 (“Property”). 26 2. Cross-Defendant failed to answer the complaint within the 21-day time limit set forth in 27 FRCP 12. The Clerk of the Court appropriately entered a default against Nevarez on 28 May 30, 2018, (ECF No. 86). -1- Case 2:16-cv-00504-GMN-NJK Document 110-9 Filed 02/12/19 Page 3 of 4 1 3. Cross-Defendant is not incompetent, an infant or serving in the United States military. 2 4. SFR submitted credible evidence in support of its application in the form of documents 3 obtained from the Official Records of the Clark County Recorder and declarations made 4 under penalty of perjury that demonstrate prima facie grounds sufficient to enter default 5 judgment against Nevarez. 6 5. Specifically, SFR’s superior interest in the Property relative to any interest claimed by 7 Nevarez is evident by the recorded notice of delinquent assessment lien, notice of default, 8 notice of sale, and the foreclosure deed. (See Statutory Notices, Exs. D, E, F to Pl.’s MSJ, 9 ECF Nos. 83-4, 83-5, 83-6); (see also Trustee’s Deed Upon Sale, Ex. H to Pl.’s MSJ, purchase of the Property—and in light of SFR’s evidence of its superior interest, SFR's 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 83-8). Because the Court held that the foreclosure sale remains intact—including SFR’s 11 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 10 claims against Borrower are meritorious. 13 NOW, THEREFORE, pursuant to FRCP 55(b)(2), having considered the evidence and 14 made the foregoing findings of fact and conclusions of law, and finding good cause, 15 IT IS HEREBY ORDERED that Cross-Defendant Nevarez, any successors and 16 17 18 19 assigns, have no right, title or interest in the Property. IT IS FURTHER ORDERED that this judgment does not adjudicate SFR’s claims against, or the defenses of, any other party to this case. IT IS FURTHER ORDERED that, in light of the parties' representations that SFR's 20 claims against Nevarez are the only remaining claims in this case, (ECF No. 109), the clerk of 21 court is instructed to close this case. 22 IT IS SO ORDERED. 23 24 25 26 27 28 14 DATED this _____day of February, 2019. ______________________________ Gloria M. Navarro, Chief Judge UNITED STATES DISTRICT COURT

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