HSBC Bank, USA, National Association v. SFR Investments Pool 1, LLC et al
Filing
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ORDER granting 43 Stipulation to Stay Case; Signed by Judge Andrew P. Gordon on 4/19/2018. (Copies have been distributed pursuant to the NEF - JM)
Case 2:17-cv-01512-APG-GWF Document 43 Filed 04/17/18 Page 1 of 7
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Jeffrey Willis, Esq.
Nevada Bar No. 4797
Holly E. Cheong, Esq.
Nevada Bar No. 11936
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: (702) 784-5200
Facsimile: (702) 784-5252
Email: jwillis@swlaw.com
hcheong@swlaw.com
Attorneys for Plaintiff HSBC Bank, USA, National
Association, as Trustee for Mortgageit Securities Corp.
Mortgage Loan Trust, Series 2007-1, Mortgage PassThrough Certificates
Snell & Wilmer
UNITED STATES DISTRICT COURT
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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200
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DISTRICT OF NEVADA
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HSBC BANK, USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR
MORTGAGEIT SECURITIES CORP.
MORTGAGE LOAN TRUST, SERIES
2007-1, MORTGAGE PASS-THROUGH
CERTIFICATES, a national banking
association;
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Case No.:
STIPULATION AND ORDER TO
STAY LITIGATION PENDING
CERTIFIED QUESTION BEFORE
NEVADA SUPREME COURT, CASE
NO. 72931
Plaintiff,
vs.
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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; VIA
VALENCIA/VIA VENTURA
HOMEOWNERS ASSOCIATION, a Nevada
non-profit corporation; ABSOLUTE
COLLECTION SERVICES, LLC, a Nevada
limited liability company;
Defendants.
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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
Counter-Claimant,
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vs.
-14831-7834-7873
2:17-cv-01512-APG-VCF
Case 2:17-cv-01512-APG-GWF Document 43 Filed 04/17/18 Page 2 of 7
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HSBC BANK, USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR
MORTGAGEIT SECURITIES CORP.
MORTGAGE LOAN TRUST, SERIES 20071, MORTGAGE PASS-THROUGH
CERTIFICATES, national banking
association, CITIMORTGAGE, INC.;
MAGELLAN A. AQUINO, an individual,
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Counter-Defendant/Cross-Defendants.
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It is hereby stipulated and agreed by and between Plaintiff/Counter-Defendant HSBC
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Bank, USA, National Association, as Trustee for Mortgageit Securities Corp. Mortgage Loan
Snell & Wilmer
Trust,
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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200
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Defendant/Counterclaimant/Cross-Claimant SFR Investment Pool 1, LLC (“SFR”), Defendant
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Via Valencia/Via Ventura Homeowners Association (the “HOA,”), and Defendant Absolute
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Collection Services (collectively, the “Parties”), by and through their respective counsel:
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Series
1.
2007-1,
Mortgage
Pass-Through
Certificates
(“HSBC
Bank”),
This lawsuit is one of hundreds where the parties dispute the effect of a non-
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judicial foreclosure sale held by an HOA pursuant to NRS 116.3116 et seq. (the “Statute”) for an
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owner’s failure to pay HOA assessments.
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2.
On August 12, 2016, the Ninth Circuit issued a decision in Bourne Valley Court
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Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), holding that NRS 116.3116 et
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seq. is facially unconstitutional under the due process clause of the Fourteenth Amendment to the
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United States Constitution.
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3.
On March 1, 2017, the Nevada Supreme Court issued a decision in Saticoy Bay
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LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage, 388 P.3d 970 (Nev. 2017), holding
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that NRS 116.3116 et seq. is not facially unconstitutional.
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4.
On May 3, 2017, this Court filed a certified question with the Nevada Supreme
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Court in SFR Investments Pool 1, LLC v. Bank of New York Mellon, Case No. 72931, requesting
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that the Nevada Supreme Court determine whether incorporation of NRS 107.090 into NRS
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116.31168 requires homeowners’ associations to provide notices of default to lenders, even when
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lenders do not affirmatively request notice (the “Certified Question”).
-24831-7834-7873
Case 2:17-cv-01512-APG-GWF Document 43 Filed 04/17/18 Page 3 of 7
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5.
Staying this case pending a remittitur in the Certified Question will enable the
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parties to present arguments and evidence to this Court with complete legal authority, thereby
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promoting the most efficient use of the Court’s and the parties’ limited resources.
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oral argument before the Nevada Supreme Court, the stay is not indefinite.
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Because the Certified Question is fully briefed and submitted for decision without
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Accordingly, the parties request that all proceedings in this lawsuit are stayed, and
all upcoming deadlines, hearings, and conferences be vacated.
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8.
The parties agree that SFR will maintain the property at issue in its current
ownership interest in the property, including but not limited to the payment of all applicable fees,
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Snell & Wilmer
condition and will abide by all obligations and responsibilities arising from SFR’s alleged
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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200
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assessments, taxes, and other financial obligations.
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9.
The parties agree that upon written request and reasonable notice, SFR shall allow
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HSBC Bank access to the property to inspect and ensure the property is being reasonably
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maintained.
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at issue during the stay.
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The parties agree that HSBC Bank will not pursue foreclosure against the property
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The parties agree that SFR will not sell, transfer, or convey the property while this
case is stayed.
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The parties further agree that their claims and defenses will be tolled, if necessary,
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for the duration of the stay, beginning on the date this stipulation is filed until the Court issues an
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order lifting the stay.
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13.
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Certified Question.
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14.
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This stay will expire after the Nevada Supreme Court issues a remittitur in the
Within fifteen (15) days after the remittitur is issued, the parties shall file a notice
informing the Court that the stay has expired.
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15.
The parties agree that upon dissolution of this stay, the parties will meet and confer
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and submit a stipulation and order setting forth an updated discovery schedule.
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///
-34831-7834-7873
Case 2:17-cv-01512-APG-GWF Document 43 Filed 04/17/18 Page 4 of 7
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16.
SFR and HSBC Bank agree that HSBC Bank shall respond to SFR’s written
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discovery requests, served on or about April 6, 2018, within forty-five (45) days after an order
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lifting the stay is entered.
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SFR agrees to vacate HSBC Bank’s deposition, currently set for April 25, 2018.
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After an order lifting the stay is entered, the parties will provide HSBC Bank with at least sixty
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(60) days notice of any deposition of HSBC Bank’s person most knowledgeable, or any other
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employee, representative, or agent of HSBC Bank identified for any deposition in this matter.
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IT IS SO STIPULATED.
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Snell & Wilmer
L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200
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DATED this 17th day of April, 2018
DATED this 17th day of April, 2018
By: /s/ Holly E. Cheong
Jeffrey Willis, Esq.
Nevada Bar No. 4797
Holly E. Cheong, Esq.
Nevada Bar No. 11936
Snell & Wilmer, L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: (702) 784-5200
Facsimile: (702) 784-5252
jwillis@swlaw.com
hcheong@swlaw.com
Attorneys for Plaintiff HSBC Bank, USA,
National Association, as Trustee for
Mortgageit Securities Corp. Mortgage
Loan Trust, Series 2007-1, Mortgage PassThrough Certificates
By: /s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 9578
Kim Gilbert Ebron
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
Telephone: (702) 485-3300
Facsimile: (702) 485-3301
diana@kgelegal.com
jackie@kgelegal.com
karen@kgelegal.com
Attorneys for Defendant SFR
Investments Pool 1, LLC
SIGNATURES CONTINUED ON NEXT PAGE
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-44831-7834-7873
Case 2:17-cv-01512-APG-GWF Document 43 Filed 04/17/18 Page 5 of 7
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DATED this 17th day of April, 2018
DATED this 17th day of April, 2018
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By: /s/ Shane D. Cox
Shane D. Cox, Esq.
Nevada Bar No. 13852
Absolute Collection Services, LLC
8440 West Lake Mead Boulevard, Suite
210
Las Vegas, NV 89128
Telephone: (702) 531-3394
Facsimile: (702) 531-3396
shane@absolute-collection.com
Attorneys for Defendant Absolute
Collection, LLC
By: /s/ Ashlie L. Surur
Ashlie L. Surur, Esq.
Nevada Bar No. 11290
Hall, Jaffe & Clayton, L.L.P.
7425 Peak Drive
Las Vegas, NV 89128
Telephone: (702) 316-4111
Facsimile: (702) 316-4114
asurur@lawhjc.com
Attorneys for Defendant Via
Valencia/Via Ventura Homeowners
Association
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ORDER
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The Court having considered the attached stipulation of the parties, IT IS ORDERED
Snell & Wilmer
L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200
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THAT:
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1. All proceedings in this lawsuit are stayed, and all upcoming deadlines, hearings, and
conferences be vacated.
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2. SFR will maintain the property at issue in its current condition and will abide by all
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obligations and responsibilities arising from SFR’s alleged ownership interest in the
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property, including but not limited to the payment of all applicable fees, assessments,
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taxes, and other financial obligations.
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3. Upon written request and reasonable notice, SFR shall allow HSBC Bank access to the
property to inspect and ensure the property is being reasonably maintained.
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4. HSBC Bank will not pursue foreclosure against the property at issue during the stay.
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5. SFR will not sell, transfer, or convey the property while this case is stayed.
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6. The parties’ claims and defenses will be tolled, if necessary, for the duration of the stay,
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beginning on the date this stipulation is filed until the Court issues an order lifting the
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stay.
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7. This stay will expire after the Nevada Supreme Court issues a remittitur in the Certified
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Question, SFR Investments Pool 1, LLC v. Bank of New York Mellon, Case No. 72931.
-54831-7834-7873
Case 2:17-cv-01512-APG-GWF Document 43 Filed 04/17/18 Page 6 of 7
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8. Within fifteen (15) days after the remittitur is issued, the parties shall file a notice
informing the Court that the stay has expired.
9. Upon dissolution of this stay, the parties will meet and confer and submit a stipulation and
order setting forth an updated discovery schedule.
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IT IS SO ORDERED:
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_____________________________________
U.S. DISTRICT COURT JUDGE
Dated: April 19, 2018.
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DATED:
Snell & Wilmer
L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200
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-64831-7834-7873
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