Nationstar Mortgage LLC v. East Trop 2073 Trust et al

Filing 48

ORDER that Nationstar's remaining claims as asserted against Purchaser are dismissed as moot; the Purchaser's motion to set aside the Clerk's entry of default (ECF No. 40 ) is denied as moot; Clerk directed to enter judg ment in favor of Nationstar declaring that the foreclosure sale at issue in this case did not extinguish Fannie Mae's first deed of trust; Clerk directed to close this case. Signed by Judge Miranda M. Du on 2/12/2019. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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NATIONSTAR MORTGAGE LLC,
Plaintiff,

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Case No. 2:17-cv-01769-MMD-CWH
ORDER

v.
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EAST TROP 2073 TRUST AND CANYON
WILLOW TROP OWNERS’
ASSOCIATION,

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Defendants.
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This dispute arises from the foreclosure sale of property to satisfy a homeowners’

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association lien. The Court granted summary judgment in favor of Plaintiff Nationstar

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Mortgage LLC (“Nationstar”) on its quiet title and declaratory relief claims under 12 U.S.C.

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§ 4617(j)(3)—Federal Foreclosure Bar. (ECF No. 45 at 5–6.) The Court directed Nationstar

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to file a status report to indicate whether it intends to pursue its remaining claims, as

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asserted against Defendant East Trop 2073 Trust (“Purchaser”). (Id.; see ECF No. 1) In

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the status report, Nationstar requests that the Court either (1) certify the judgment as final

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under Fed. R. Civ. P. 54(b) and stay the remaining claims pending any appeal or,

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alternatively, (2) deem Nationstar’s remaining claims moot to allow the claim to be revived

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if judgment is reversed on appeal. (ECF No. 47 at 2.) The Court will grant Nationstar’s

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alternative requested relief.
It is therefore ordered that Nationstar’s remaining claims as asserted against

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Purchaser are dismissed as moot.
It is further ordered that Purchaser’s motion to set aside the Clerk’s entry of default

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(ECF No. 40) is denied as moot.

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It is further ordered that the Clerk of the Court enter judgment in favor of Nationstar

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declaring that the foreclosure sale at issue in this case did not extinguish Fannie Mae’s

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first deed of trust. The Clerk of the Court is directed to close this case.

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DATED THIS 12th day of February 2019.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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