Federal National Mortgage Association v. Operture, Inc.

Filing 19

DEFAULT JUDGMENT in favor of Federal National Mortgage Association against Operture, Inc. Signed by Judge Miranda M. Du on 6/12/2018. (Copies have been distributed pursuant to the NEF - PAV)

1
2
3
4

LAUREL I. HANDLEY (NV Bar # 009576)
JORY C. GARABEDIAN (NV Bar # 10352)
ALDRIDGE PITE, LLP
520 South 4th St., Suite 360
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

5
6

Attorneys for Plaintiff:
FEDERAL NATIONAL MORTGAGE ASSOCIATION

7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9

FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

Case No. 2:17-cv-01732-MMD-VCF

10
Plaintiff,
11
v.
DEFAULT JUDGMENT

12
OPERTURE, INC.,
13
Defendant.
14
15

The Court after review and consideration of Plaintiff FEDERAL NATIONAL

16

MORTGAGE ASSOCIATION’s (“Fannie Mae”) Application for Default Judgment (ECF No.

17

15), the pleadings and papers on file herein, and good cause appearing, hereby enters Default

18

Judgment in favor of Fannie Mae and against Defendant OPERTURE, INC. (“Operture”) on the

19

declaratory relief and quiet title causes of action or claims for relief under 12 U.S.C. § 4617(j)(3)

20

as follows:

21

THE COURT FINDS that 12 U.S.C. § 4617(j)(3) preempts NRS 116.3116 to the extent

22

that an NRS 116 foreclosure sale can extinguish Fannie Mae’s property interest while Fannie

23

Mae is under the conservatorship of the Federal Housing Finance Agency (“FHFA”).

24

THE COURT FURTHER FINDS that Fannie Mae had a protected property interest under

25

12 U.S.C. § 4617(j)(3) and that FHFA did not consent to foreclosure or extinguishment of Fannie

26

Mae’s protected property interest.

27

NOW WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that

28

Fannie Mae’s Deed of Trust recorded on August 15, 2005 in the Office of the Clark County,
-1-

1

Nevada Recorder as Instrument Number 20050815-0003472 (the “Deed of Trust”), and against

2

the property located at 5191 Pioneer Ave #102 Las Vegas, Nevada 89146, APN 163-13-513-

3

055, which is legally described in the Deed of Trust (hereinafter the “Property”), was not

4

extinguished by that NRS 116 foreclosure sale reflected in that Foreclosure Deed recorded on

5

February 23, 2015 in the Office of the Clark County, Nevada Recorder as Instrument Number

6

20150223-0001580.

7

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Deed of Trust

8

continues to remain a valid encumbrance against the Property and that any interest acquired by

9

Operture, and/or its successors or assigns, remains subject to the Deed of Trust.

10
11
12

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that this shall be a final
judgment of this Court.
IT IS SO ORDERED, ADJUDGED AND DECREED.

13
14

DATED:__________________
June 11, 2018

___________________________________
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-