My Home Now, LLC v. JPMorgan Chase Bank, N.A. et al

Filing 94

ORDER that the Court's prior Order, (ECF No. 84 ), is VACATED. IT IS FURTHER ORDERED that the parties shall have thirty days from the date of this Order to file renewed dispositive motions. Signed by Judge Gloria M. Navarro on 12/18/2019., Case reopened. (Copies have been distributed pursuant to the NEF, cc: USCA - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MY HOME NOW, LLC, a Nevada Limited
Liability Company,

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Plaintiff,
vs.
JP MORGAN CHASE BANK, N.A., et al.,
Defendants.

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Case No.: 2:16-cv-00727-GMN-NJK
ORDER

On January 26, 2018, the Court granted summary judgment to Defendant JP Morgan

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Chase, N.A., (“Defendant”) because, under Bourne Valley Court Trust v. Wells Fargo Bank,

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N.A., 832 F.3d 1154 (9th Cir. 2016), the Summerhills Condominiums Unit 1 (“HOA”)

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“foreclosed under a facially unconstitutional notice scheme” and therefore the “foreclosure sale

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cannot have extinguished” Plaintiff’s deed of trust on the property. (Order 15:11–13, ECF No.

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84). The Ninth Circuit has since held, however, that Nevada’s homeowner’s association

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foreclosure scheme is not facially unconstitutional because the decision in Bourne Valley was

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based on a construction of Nevada law that the Nevada Supreme Court has since made clear

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was incorrect. See Bank of Am., N.A. v. Arlington W. Twilight Homeowners Ass’n, 920 F.3d

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620, 624 (9th Cir. 2019) (recognizing that Bourne Valley “no longer controls the analysis” in

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light of SFR Investments Pool1, LLC v. Bank of New York Mellon, 422 P.3d 1248 (Nev. 2018)).

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Moreover, for orders from this district that relied on Bourne Valley Court Trust v. Wells Fargo

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Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), and were thereafter appealed, the Ninth Circuit

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recently began reversing and remanding such orders in light of Bank of Am., N.A. v. Arlington

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W. Twilight Homeowners Ass’n, 920 F.3d 620, 624 (9th Cir. 2019). See, e.g., U.S. Bank, N.A, v.

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SFR Investments Pool 1, LLC, No. 18-16006, 2019 WL 6817304, at *1 (9th Cir. Dec. 13,

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2019).

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Accordingly, to preserve judicial resources,

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IT IS HEREBY ORDERED that the Court’s prior Order, (ECF No. 84), is

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VACATED.
IT IS FURTHER ORDERED that the parties shall have thirty days from the date of
this Order to file renewed dispositive motions.
The Clerk of Court shall reopen the case and deliver a copy of this Order to the United
States Court of Appeals for the Ninth Circuit, Appeal Number 18-15152.

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DATED this _____ day of December, 2019.

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___________________________________
Gloria M. Navarro, District Judge
United States District Court

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