US Bank National Association et al v. Villa Vecchio Ct Trust et al

Filing 74

ORDERED that Defendant's Motion for Summary Judgment (ECF No. 64 ) is denied, and judgment is entered against Defendant Villa Vecchio on its Counterclaims (ECF No. 52 ). IT IS FURTHER ORDERED that Plaintiffs' Motion for Summar y Judgment (ECF No. 65 ) is granted, and the Court holds that the Deed of Trust survived the association foreclosure sale because the super-priority lien was satisfied by the borrower prior to the HOAs foreclosure sale. IT IS FURTHER ORD ERED that Plaintiffs' remaining claims as set forth in its Complaint (ECF No. 1 ) are dismissed as moot. IT IS FURTHER ORDERED that, there being no further claims as against any remaining party, the Clerk of the Court shall enter Judgment in favor of Plaintiffs and close the case. Signed by Chief Judge Miranda M. Du on 2/24/2020. (Copies have been distributed pursuant to the NEF - DRM)

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Alex L. Fugazzi, Esq.
Nevada Bar No. 9022
Wayne Klomp, Esq.
Nevada Bar No. 10109
SNELL & WILMER L.L.P.
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Telephone: [phone]
Facsimile: 775-785-5441
Email: [e-mail]
[e-mail]
Attorneys for US Bank National Association and
Wells Fargo Bank, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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US BANK NATIONAL ASSOCIATION, AS
TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR WELLS
FARGO ASSET SECURITIES
CORPORATION, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005AR2 AT 4801 FREDERICA STREET,
OWENSBORO, KY 42301, a national
association; WELLS FARGO BANK, N.A., a
national association;

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Plaintiffs,

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vs.

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VILLA VECCHIO CT. TRUST, a Nevada
trust; ABSOLUTE COLLECTION
SERVICES, LLC, a Nevada limited-liability
company; THE FOOTHILLS AT
SOUTHERN HIGHLANDS
HOMEOWNERS ASSOCIATION, a Nevada
non-profit corporation;

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Defendants.

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AND ALL RELATED CASES

Case No. 2:17-cv-00143-MMD-VCF
PROPOSED ORDER REGARDING
CROSS MOTIONS FOR SUMMARY
JUDGMENT

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This action involves a dispute regarding superior interests in the real property known as

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5147 Villa Vecchio Ct., Las Vegas, Nevada 89141, APN 176-36-514-048 (the “Property”). The

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litigants each filed affirmative claims for quiet title seeking to declare their interest in the Property

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superior to the other litigants’ claims.

Trustee, Successor in Interest to Wachovia Bank, National Association as Trustee for Wells Fargo

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Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-AR2 at 4801

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Frederica Street, Owensboro, KY 42301 (“US Bank”) and Wells Fargo Bank, N.A. (“Wells Fargo,”

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and with US Bank, “Plaintiffs”) filed their Motion for Summary Judgment (ECF No. 65). On the

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same date, Defendant and Counter-Claimant Villa Vecchio Ct. Trust (“Villa Vecchio” or

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“Defendant”) filed its Motion for Summary Judgment (ECF No. 64). The cross motions for

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Snell & Wilmer

On July 31, 2019, Plaintiffs and Counter-Defendants US Bank National Association, as

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L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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summary judgment came before this court for oral argument on February 14, 2020. Having

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considered the pleadings and papers on file and heard the oral argument of counsel, the Court issued

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its findings of fact and conclusions of law on the record at the motion hearing as also indicated in

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the Minute Order dated February 19, 2020 (ECF No. 72).

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And as more fully set forth in the transcript of the motion hearing, which is incorporated as

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though set forth herein, the Court takes judicial notice of the publicly available documents attached

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as exhibits to Plaintiffs’ Motion for Summary Judgment. Disabled Rights Action Comm. V. Las

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Vegas Events, Inc., 375 F.3d 861, 866 & n.1 (9th Cir. 2004).

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After reciting findings on the record, which are also incorporated herein, the Court held that

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US Bank’s Deed of Trust survived the homeowners’ association foreclosure sale of the Property

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and remains a valid property interest encumbering the Property because the super-priority lien

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portion of the HOA’s lien was satisfied prior to the foreclosure sale. Based upon that holding, the

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Court rules as follows:

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IT IS HEREBY ORDERED that Defendant’s Motion for Summary Judgment (ECF No. 64)

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is denied, and judgment is entered against Defendant Villa Vecchio on its Counterclaims (ECF No.

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52).

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IT IS FURTHER ORDERED that Plaintiffs’ Motion for Summary Judgment (ECF No. 65)

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is granted, and the Court holds that the Deed of Trust survived the association foreclosure sale

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because the super-priority lien was satisfied by the borrower prior to the HOA’s foreclosure sale.

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IT IS FURTHER ORDERED that Plaintiffs’ remaining claims as set forth in its Complaint
(ECF No. 1) are dismissed as moot.
IT IS FURTHER ORDERED that, there being no further claims as against any remaining
party, the Clerk of the Court shall enter Judgment in favor of Plaintiffs and close the case.

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IT IS SO ORDERED.

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Snell & Wilmer

UNITED STATES DISTRICT JUDGE

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L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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DATED: February 24, 2020

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Respectfully submitted by:

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/s/ Wayne Klomp
Alex L. Fugazzi, Esq. (NV Bar No. 9022)
Wayne Klomp, Esq. (NV Bar No. 10109)
SNELL & WILMER L.L.P.
50 W. Liberty Street, Suite 510
Reno, Nevada 89501-1961
Attorneys for US Bank and Wells Fargo

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CERTIFICATE OF SERVICE

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I hereby certify that on this date, I electronically filed the foregoing with the Clerk of Court

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for the U.S. District Court, District of Nevada by using the Court’s CM/ECF system. Participants

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in the case who are registered CM/ECF users will be served by the CM/ECF system.

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DATED: February 24, 2020.
/s/ Lara J. Taylor
An Employee of Snell & Wilmer L.L.P.

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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