Federal National Mortgage Association v. Vegas Property Services, Inc. et al
Filing
57
ORDER Granting 51 Stipulation to Allow Vegas Property to Amend Answer and Counterclaim and to Extend Time Re: 49 Motion. Responses due by 5/11/2018. Signed by Magistrate Judge Peggy A. Leen on 5/3/2018. (Copies have been distributed pursuant to the NEF - ADR)
Case 2:17-cv-01798-APG-PAL Document 54 Filed 04/25/18 Page 1 of 3
1
2
3
4
5
6
7
JOHN HENRY WRIGHT, ESQ.
Nevada Bar No. 6182
CHRISTOPHER B. PHILLIPS, ESQ.
Nevada Bar No. 14600
THE WRIGHT LAW GROUP, P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Telephone: (702) 405-0001
Facsimile: (702) 405-8454
Email: john@wrightlawgroupnv.com
chris@wrightlawgroupnv.com
Attorneys for Defendant
VEGAS PROPERTY SERVICES, INC.
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
11
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
12
13
14
15
16
17
Case No. 2:17-cv-01798-APG-PAL
Plaintiff,
vs.
VEGAS PROPERTY SERVICES, INC., a
Nevada corporation; OPULENCE
CONDOMINIUM ASSOCIATION, a
Nevada non-profit corporation,
Defendants.
STIPULATION AND ORDER TO
ALLOW DEFENDANT VEGAS
PROPERTY SERVICES, INC. TO
AMEND ANSWER AND COUNTERC L A I M A G A I N S T PL A I N T I FF,
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
AND
STIPULATION AND ORDER TO
AL L OW PL AI NT I FF FE DE RAL
NATIONAL
MORTGAGE
ASSOCIATION ADDITIONAL TIME TO
RESPOND TO VEGAS PROPERTY
SERVICES, INC.’S REQUEST FOR
DISCOVERY PURSUANT TO FRCP 56(d)
AND VEGAS PROPERTY SERVICES,
INC’S OPPOSITION TO FEDERAL
NATIONAL
MORTGAGE
ASSOCIATION’S COUNTER-MOTION
FOR SUMMARY JUDGMENT
18
19
20
21
22
23
24
25
26
27
28
Pursuant to LR 6-1, Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION and
Defendant VEGAS PROPERTY SERVICES, INC, by and through their respective counsel of
record, hereby agree and stipulate as follows:
IT IS HEREBY AGREED AND STIPULATED that Defendant VEGAS PROPERTY
SERVICES, LLC may amend second amended answer [ECF # 40] in order to add a counter-claim
Page 1 of 3
Case 2:17-cv-01798-APG-PAL Document 54 Filed 04/25/18 Page 2 of 3
1
against Plaintiff, Federal National Mortgage Association.
2
Defendant’s current counsel was retained after Defendant’s original answer [ECF # 20]
3
was filed, and Defendant’s prior counsel did not assert any such counter-claim. For the convenience
4
of the parties and witnesses, and in order to maximize judicial economy and avoid duplicative
5
litigation, the parties agree to allow Defendant to amend its answer and assert said counter-claim
6
against Federal National Mortgage Association. This request is made in good faith, and not for the
7
purposes of delay.
Defendant’s proposed amended answer and counter-claim is attached hereto as Exhibit A.
9
IT IS FURTHER STIPULATED AND AGREED that Plaintiff Federal National Mortgage
10
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
8
Association shall have up to, and including, May 11, 2018 to file its response(s) to Vegas Property
11
Service, Inc.’s request for discovery pursuant to FRCP 56(d) [ECF # 49] and Vegas Property
12
Service, Inc.’s opposition to Federal National Mortgage Association’s Countermotion for Summary
13
Judgment [ECF #50]. This request is made in good faith, and not for the purposes of delay.
14
IT IS FURTHER STIPULATED AND AGREED that this stipulation shall have no
15
preclusive effect on either dispositive motion currently pending in this matter, namely: Vegas
16
Property Service, Inc’s Motion to Dismiss Federal National Mortgage Association’s First Amended
17
18
///
19
///
20
///
21
///
22
///
23
///
24
///
25
///
26
///
27
///
28
///
Page 2 of 3
Case 2:17-cv-01798-APG-PAL Document 54 Filed 04/25/18 Page 3 of 3
1
Complaint [ECF # 36]; and Federal National Mortgage Association’s Countermotion for Summary
2
Judgment [ECF # 41].
3
4
DATED this 19th day of April, 2018.
DATED this 19th day of April, 2018.
5
THE WRIGHT LAW GROUP, P.C.
WRIGHT, FINLAY & ZAK, LLP
6
7
8
9
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
11
/s/ John Henry Wright
JOHN HENRY WRIGHT, ESQ.
Nevada Bar No. 6182
CHRISTOPHER B. PHILLIPS, ESQ.
Nevada Bar No. 14600
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Attorneys for Defendant
VEGAS PROPERTY SERVICES, LLC
/s/ Christina Miller
DANA JONATHON NITZ, ESQ.
Nevada Bar No. 0050
CHRISTINA V. MILLER, ESQ.
Nevada Bar No. 12448
7785 W. Sahara Ave. Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiffs,
FEDERAL NATIONAL HOME LOAN
MORTGAGE ASSOCIATION
12
13
14
ORDER
IT IS SO ORDERED.
15
16
UNITED STATES MAGISTRATE JUDGE
17
DATED:
18
19
20
21
22
23
24
25
26
27
28
Page 3 of 3
May 3, 2018
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 1 of 14
1
2
3
4
5
6
7
JOHN HENRY WRIGHT, ESQ.
Nevada Bar No. 6182
CHRISTOPHER B. PHILLIPS, ESQ.
Nevada Bar No. 14600
THE WRIGHT LAW GROUP, P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Telephone: (702) 405-0001
Facsimile: (702) 405-8454
Email: john@wrightlawgroupnv.com
chris@wrightlawgroupnv.com
Attorneys for Defendant
VEGAS PROPERTY SERVICES, INC.
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
11
FEDERAL NATIONAL MORTGAGE
ASSOCIATION,
12
13
14
15
16
17
18
Case No. 2:17-cv-01798-APG-PAL
DEFENDANT VEGAS PROPERTY
SERVICE, INC’S THIRD AMENDED
ANSWER, CROSS-CLAIM, and
COUNTER-CLAIM
Plaintiff,
vs.
VEGAS PROPERTY SERVICES, INC., a
Nevada corporation; OPULENCE
CONDOMINIUM ASSOCIATION, a
Nevada non-profit corporation,
Defendants.
____________________________________
VEGAS PROPERTY SERVICES, INC., a
Nevada corporation,
19
Cross-Claimant
20
21
vs.
22
GLADYS FUENTES, an Individual,
23
24
25
26
27
Cross-Defendant
COMES NOW Defendant VEGAS PROPERTY SERVICES, INC., (“Vegas”) by and
through its attorney of record, JOHN HENRY WRIGHT, ESQ., of THE WRIGHT LAW GROUP,
P.C., and hereby submits its Third Amended Answer to Plaintiff FEDERAL NATIONAL
MORTGAGE ASSOCIATION’S Complaint [ECF # 1] filed on June 29, 2017 as follows:
28
Page 1 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 2 of 14
1
2
3
1.
VEGAS admits the allegations contained in paragraphs 9, 11, 57, 123, and 133 of
the Complaint.
2.
VEGAS denies the allegations contained in paragraphs 88, 89, 90, 99, 100, 101,
4
102, 103, 104, 116, 117, 118, 119, 125, 126, 127, 128, 134, 135, 136, 137, 143, 144, 145, 146, 148,
5
150, 151, 152, 153, 154, and 155 of the Complaint.
6
3.
VEGAS is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 15, 16, 17, 18, 19,
8
20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 58, 59, 60, 61, 62,
9
63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 91,
10
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
7
92, 93, 94, 95, 98, 107, 108, 109, 110, 111, 112, 113, 114, 115, 121, 122, 124, 130, 131, 132, 139,
11
140, 141, 142, and 149 of the Complaint.
12
4.
In answering paragraph 14 of the complaint, Vegas admits that it is a domestic
13
business entity formed pursuant to and conducting business subject to the laws of the State of
14
Nevada and that a substantial part of the events or omissions giving rise to the claims occurred in
15
this District, but is without sufficient information or knowledge to form a belief as to the truth or
16
falsity of the remaining allegations contained therein and therefore denies said allegations.
17
5.
In answering paragraph 96 of Plaintiff’s complaint, Vegas denies the allegation that
18
it “knew that Plaintiff would rely on the Mortgage Protection Clause contained in the recorded
19
CC&Rs which are of public record, and knew that Plaintiff, or its predecessors, agents, servicers,
20
or trustees, would not know that HOA was foreclosing on super-priority amounts because of the
21
failure of HOA and HOA trustee to provide such notice” and is without sufficient information or
22
knowledge to form a belief as to the truth or falsity of the remaining allegations contained therein
23
and therefore denies said allegations.
24
6.
In answering paragraph 97 of Plaintiff’s complaint, Vegas denies the allegation that
25
“defendant’s knew that prospective bidders would be less likely to attend the HOA sale because
26
the public at large believed that Plaintiff was protected under the Mortgage Protection Clause in
27
the CC&Rs of public record, and that the public at large did not receive notice, constructive or
28
actual, that the HOA was foreclosing on a super-priority portion of its lien because HOA and HOA
Page 2 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 3 of 14
1
Trustee improperly failed to provide such notice” and is without sufficient information or
2
knowledge to form a belief as to the truth or falsity of the remaining allegations contained therein
3
and therefore denies the remaining allegations.
4
5
7.
In answering paragraphs 106, 120, 129, 138, and 147 of the Complaint, VEGAS
reasserts each and every previous response to each repeated allegation.
6
8.
7
herein is denied.
8
9.
9
Each and every other allegation in the Complaint not specifically admitted or denied
Vegas offers no responses to paragraphs 41-56 and 107 as Plaintiff’s complaint
omits paragraphs 41-56 and 105 without explanation.
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
AFFIRMATIVE DEFENSES
11
FIRST DEFENSE
12
13
Plaintiff’s complaint, in whole or in part, fails to state a claim against Vegas for which
relief can be granted.
14
SECOND DEFENSE
15
16
At all material times, Vegas acted in good faith and exercised its lawful rights in dealing
with Plaintiff.
17
THIRD DEFENSE
18
19
Plaintiff’s claims are barred by its own failure to deal in good faith and deal fairly with
Vegas.
20
21
FOURTH DEFENSE
Plaintiff is estopped from bringing this action.
22
23
24
25
26
27
28
FIFTH DEFENSE
Plaintiff has failed to satisfy conditions precedent to further performance of any legal
obligations of Vegas.
SIXTH DEFENSE
Plaintiff has failed to comply with appropriate state and federal laws.
SEVENTH DEFENSE
Plaintiff has failed to exhaust all administrative and contractual remedies before
Page 3 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 4 of 14
1
commencing litigation.
2
EIGHTH DEFENSE
3
Plaintiff has failed to mitigate its damages, if any.
4
NINTH DEFENSE
5
6
Plaintiff has failed to join all parties necessary for just adjudication of the claims at issue
in this action.
7
TENTH DEFENSE
8
Plaintiff’s claims are barred by reason of illegality.
9
ELEVENTH DEFENSE
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
11
Plaintiff’s damages, if any were caused by economic and other conditions that were beyond
the control of Vegas.
12
TWELFTH DEFENSE
13
14
Plaintiff’s claims are barred in that it acquiesced in or consented to all actions taken by
Vegas.
15
16
THIRTEENTH DEFENSE
Any claim asserted by Plaintiff is barred by laches of Plaintiff in pursuing such claim.
17
18
19
FOURTEENTH DEFENSE
Plaintiff has not and will not sustain any injury or damages as a result of Vegas’s alleged
acts and/or omissions.
20
FIFTEENTH DEFENSE
21
Vegas alleges that under the factual circumstances set forth in Plaintiff’s complaint, there
22
was a modification of the provisions, duties, and obligations therein, and that modification is an
23
absolute defense to any recovery of behalf of the Plaintiff against Vegas.
24
25
SIXTEENTH DEFENSE
Plaintiff failed to disclose necessary information and Vegas relied on this omission.
26
27
28
SEVENTEENTH DEFENSE
Plaintiff’s alleged damages, if any, were directly caused by the negligence of Plaintiff or
its agents.
Page 4 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 5 of 14
1
2
EIGHTEENTH DEFENSE
Plaintiff failed to comply with a pre-existing duty.
3
4
NINETEENTH DEFENSE
Vegas was authorized and privileged to do all acts alleged in Plaintiff’s complaint.
5
6
7
TWENTIETH DEFENSE
Plaintiff is barred from maintaining this action by virtue of its own unclean hands and
inequitable conduct.
8
9
TWENTY-FIRST DEFENSE
Plaintiff claims are barred by its own failure to deal fairly with Vegas.
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
11
12
TWENTY-SECOND DEFENSE
Plaintiff would by unjustly enriched if it was allowed to recover on its demands, or any
portion, thereof.
13
TWENTY-THIRD DEFENSE
14
Vegas is informed and believes, and thereon alleges, that Plaintiff’s claims are barred, in
15
whole or in part, or its damages, if any, should be reduced because Plaintiff violated certain state
16
and federal laws.
17
18
19
TWENTY-FOURTH DEFENSE
By virtue of the acts, deed, conduct, and/or failure or omissions to act under circumstances,
Plaintiff has waived its rights, if any existed, to assert the claims against Vegas.
20
21
TWENTY-FIFTH DEFENSE
Plaintiff failed to comply with normal and accepted business practices.
22
23
24
25
26
27
TWENTY-SIXTH DEFENSE
Plaintiff has failed to demonstrate a likelihood of success on the merits and, as such, is not
entitled to injunctive relief.
TWENTY-SEVENTH DEFENSE
Plaintiff has failed to demonstrate that it has been irreparably harmed by Defendant’s
alleged conduct, and as such, is not entitled to injunctive relief.
28
Page 5 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 6 of 14
1
2
TWENTY-EIGHTH DEFENSE
Vegas was a bona fide purchaser of the property at issue.
3
TWENTY-NINTH DEFENSE
4
Vegas reserves the right to add or modify the affirmative defenses listed herein.
5
THIRTIETH DEFENSE
6
7
Defendant hereby incorporates those the affirmative defenses enumerated in Rule 8 of the
Nevada Rules of Civil Procedure.
8
9
PRAYER FOR RELIEF
Defendant Vegas requests judgment against Plaintiff as follows:
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
1.
That Plaintiff take nothing for its Complaint.
11
2.
For a declaration and determination that VEGAS PROPERTY SERVICES, INC
12
is the rightful owner of title to the Property, and that Plaintiff be declared to have
13
no right, title or interest in the Property.
14
3.
For an award of attorney’s fees and costs of suit; and
15
4.
For any further relief that the Court may deem just and proper.
16
Dated this 19th day of April, 2018.
17
THE WRIGHT LAW GROUP, PC
18
19
20
21
22
23
24
/s/John Henry Wright
JOHN HENRY WRIGHT, ESQ.
Nevada Bar No. 6182
CHRISTOPHER B. PHILLIPS, ESQ.
Nevada Bar No. 14600
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Telephone: (702) 405-0001
Facsimile: (702) 405-8454
Attorneys for Defendant
VEGAS PROPERTY SERVICES, INC.
25
26
27
28
Page 6 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 7 of 14
1
VEGAS PROPERTY SERVICES, INC. CROSS-CLAIM AGAINST GLADYS
FUENTES
2
COMES NOW, Cross-claimant VEGAS PROPERTY SERVICES, INC., (“Vegas”) by and
3
through its counsel of record, JOHN HENRY WRIGHT, ESQ., of the WRIGHT LAW GROUP,
4
P.C., and for its CROSS-CLAIM, does hereby allege and aver as follows:
5
1.
Vegas at all times relevant herein was and is a Nevada corporation in good
6
standing.
7
2.
Upon information and belief, Cross-Defendant GLADYS FUENTES (“Fuentes”)is
8
an individual person, and at all times relevant herein was a citizen and resident of the State of
9
Nevada and was the prior owner of 5415 W. Harmon Ave., No. 2114, Las Vegas, Nevada 89103;
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
APN 163-24-714-098 (the “Property”) who may claim an interest through a Grant, Bargain, Sale
11
Deed recorded against the property on February 28, 2001 as Instrument No. 20010228-0002474.
12
3.
The Property was acquired by Vegas on March 26, 2015, by successfully bidding
13
on the Property at a publicly-held foreclosure auction in accordance with NRS 116.3116, et. seq.
14
(“Association foreclosure sale”) and by paying the sum of $40,300.00.
15
4.
On or about April 10, 2015, the resulting trustee’s deed upon sale was recorded in
16
the Official Records of the Clark County Recorder as Instrument Number 20150410-0000347
17
(“Foreclosure Deed”).
18
5.
Since the Association foreclosure sale, Counter-claimant has expended additional
19
funds and resources in relation to the Property.
20
6.
Upon information and belief, the foreclosure sale was conducted by Assessment
21
Management Services, as agent for the Opulence Condominium Association (the “Association”)
22
pursuant to the powers conferred by the Nevada Revised Statutes 116.3116, 116.31162-116.31168,
23
the Association’s governing documents (CC&R’s) recorded as Instrument No. 941004.01252 and
24
a Notice of Default and Election to Sell Under Homeowners Association Lien recorded on April
25
7, 2014 as Instrument No. 20140407-0000230.
26
7.
As recited in the Foreclosure Deed, the Association foreclosure sale complied with
27
all requirements of law, including but not limited to, recording and mailing of copies of Notice of
28
Delinquent Assessments and Notice of Default, and the recording, posting and publication of the
Page 7 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 8 of 14
1
2
3
Notice of Sale as required by Nevada Law.
8.
Pursuant to NRS 116.3116(2), the entire Association Lien is prior to all other liens
and encumbrances of unit except:
4
(a) Liens and encumbrances recorded before the recordation of the declaration and, in a
5
cooperative, liens and encumbrances which the association creates, assumes or takes
6
subject to;
7
(b) A first security interest on the unit recorded before the date on which the assessment
8
sought to be enforced became delinquent or, in a cooperative, the first security interest
9
encumbering only the unit’s owner’s interest and perfected before the date on which the
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
assessment sought to be enforced became delinquent; and
11
(c) Liens for real estate taxes and other governmental assessments or charges against the
12
unit or cooperative.
13
9.
NRS 116.3116(2) further provides that a portion of the Association Lien, up to a
14
maximum of nine months, has priority over even a first security interest [first deed of trust] in the
15
Property:
16
[the Association Lien] is also prior to all security interests described in paragraph (b) to the
17
extent of any charges incurred by the association on a unit pursuant to NRS 116.310312
18
and to the extent of the assessments for common expenses based on the periodic budget
19
adopted by the association pursuant to NRS 116.3115 which would have become due in
20
the absence of acceleration during the 9 months immediately preceding institution of an
21
action to enforce the lien[.]
22
10.
23
24
25
26
27
28
Upon information and belief, the Association took the necessary action to trigger
the super-priority portion of the Association Lien.
11.
Upon information and belief, no party still claiming an interest in the Property
recorded a lien or encumbrance prior to the declaration creating the Association.
12.
Upon information and belief, Vegas’s bid on the Property was in excess of the
amount necessary to satisfy the costs of sale and the super-priority portion of the Association Lien.
13.
Upon information and belief, the Association or its agent, distributed or should have
Page 8 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 9 of 14
1
2
3
4
5
6
distributed the excess funds to lien holders in order of priority pursuant to NRS 116.3114©.
14.
Upon information and belief, Cross-defendant had actual or constructive notice of
the requirement to pay assessments to the Association and of the Association Lien.
15.
Upon information and belief, Cross-defendant had actual or constructive notice of
the Association’s foreclosure proceedings.
16.
Upon information and belief, prior to the Association foreclosure sale, no individual
7
or entity paid the full amount of delinquent assessments described in the Notice of Default or
8
record or otherwise perfect any attempted partial tender thereof to provide any actual or
9
constructive notice of the lien dispute so as to cause or create a duty of inquiry as to Vegas.
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
17.
Upon information and belief, prior to the Association foreclosure sale, no notice
11
was provided that any individual or entity tendered or paid the entirety of the super priority portion
12
of the Association Lien or as required under NRS §116.3116(2) representing 9 months of
13
assessments for common expenses based on the periodic budget adopted by the association which
14
would have become due in the absence of acceleration for the relevant time period.
15
18.
Pursuant to NRS 116.31166, the foreclosure sale vested title in Vegas “without
16
equity or right of redemption,” and the Foreclosure Deed is conclusive against the Property’s
17
“former owner, his or her heirs and assigns, and all other persons.”
18
19
19.
by the foreclosure of the Association Lien.
20
FIRST CLAIM FOR RELIEF
(Declaratory Relief/Quiet Title Pursuant to
NRS 30.010, et. seq., NRS 40.10 & NRS 116.3116)
21
22
23
24
Cross-defendant Feuntes’s ownership interests in the Property were extinguished
20.
Vegas repeats and realleges the allegations of paragraphs 1-19 as though fully set
forth herein and incorporates the same by reference.
21.
Pursuant to NRS 30.010, et. seq. and NRS 40.010, this Court has the power and
25
authority to declare Vegas’s rights and interests in the Property and to resolve the Cross-
26
defendant’s adverse claims in the Property.
27
28
22.
Vegas is entitled to a declaratory judgment from this Court finding that: (1) Vegas
is the title owner of the Property; (2) the Foreclosure Deed is valid and enforceable; (3) the
Page 9 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 10 of 14
1
Association foreclosure sale extinguished Cross-defendant’s ownership and security interests in
2
the Property; and (4) Vegas’s rights and interest in the Property are superior to any adverse interest
3
claimed by Cross-defendant.
4
23.
5
WHEREFORE, Cross-claimant prays this Honorable Court will award the following
6
RELIEF:
7
1.
Vegas seeks an order from the Court quieting title to the Property in favor of Vegas.
For an Order Quieting title in favor of Vegas and for a declaration and
8
determination that VEGAS PROPERTY SERVICES, INC is the rightful owner of title to the
9
Property, and that Cross-defendant be declared to have no right, title or interest in the Property.
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
2.
For general and special damages in excess of $10,000.00
11
3.
For an award of attorney’s fees and costs of suit; and
12
4.
For any further relief that the Court may deem just and proper.
13
Dated this 19th day of April, 2018.
14
15
THE WRIGHT LAW GROUP, PC
16
/s/John Henry Wright
17
JOHN HENRY WRIGHT, ESQ.
Nevada Bar No. 6182
CHRISTOPHER B. PHILLIPS, ESQ.
Nevada Bar No. 14600
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Attorneys for Defendant/Cross-claimant
VEGAS PROPERTY SERVICES, INC.
18
19
20
21
22
23
VEGAS PROPERTY SERVICES, INC. COUNTERCLAIM AGAINST PLAINTIFF
FEDERAL NATIONAL MORTGAGE ASSOCIATION
24
COMES NOW, Counter-claimant VEGAS PROPERTY SERVICES, INC., by and through
25
its counsel of record, JOHN HENRY WRIGHT, ESQ., of the WRIGHT LAW GROUP, P.C., and
26
for its Counterclaim, does hereby allege and aver as follows:
27
1.
VEGAS PROPERTY SERVICES, INC, (hereinafter “VEGAS”) at all times
28
relevant herein was and is a Nevada corporation in good standing.
Page 10 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 11 of 14
1
2.
Upon information and belief, Counterclaim Defendant FEDERAL NATIONAL
2
MORTGAGE ASSOCIATION (“Fannie Mae”), is and/or was a government-sponsored enterprise
3
existing under the laws of the United States with its primary offices located in Washington, D.C.
4
Fannie Mae presently claims some interest in 5415 W. Harmon Ave., No. 2114, Las Vegas,
5
Nevada 89103; APN 163-24-714-098 (the “Property”) through a deed of trust securing a loan
6
originated by Nevada Federal Credit Union on or around April 5, 2004, recorded at instrument No.
7
20040413-0002176 with the Clark County Recorder, State of Nevada. The Deed of Trust was
8
subsequently assigned to Fannie Mae in 2012 by an assignment of Deed of Trust recorded at
9
20120607-0000634 with the Clark County Recorder’s Office.
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
3.
The Property was acquired by Vegas on March 26, 2015, by successfully bidding
11
on the Property at a publicly-held foreclosure auction in accordance with NRS 116.3116, et. seq.
12
(“Association foreclosure sale”) and by paying the sum of $40,300.00.
13
4.
On or about April 10, 2015, the resulting trustee’s deed upon sale was recorded in
14
the Official Records of the Clark County Recorder as Instrument Number 20150410-0000347
15
(“Foreclosure Deed”).
16
17
18
5.
Since the Association foreclosure sale, Counter-claimant has expended additional
funds and resources in relation to the Property.
6.
Upon information and belief, the foreclosure sale was conducted by Assessment
19
Management Services, as agent for the Opulence Condominium Association (the “Association”)
20
pursuant to the powers conferred by the Nevada Revised Statutes 116.3116, 116.31162-116.31168,
21
the Association’s governing documents (CC&R’s) recorded as Instrument No. 941004.01252 and
22
a Notice of Default and Election to Sell Under Homeowners Association Lien recorded on April
23
7, 2014 as Instrument No. 20140407-0000230.
24
7.
As recited in the Foreclosure Deed, the Association foreclosure sale complied with
25
all requirements of law, including but not limited to, recording and mailing of copies of Notice of
26
Delinquent Assessments and Notice of Default, and the recording, posting and publication of the
27
Notice of Sale as required by Nevada Law.
28
8.
Pursuant to NRS 116.3116(2), the entire Association Lien is prior to all other liens
Page 11 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 12 of 14
1
and encumbrances of unit except:
2
(a) Liens and encumbrances recorded before the recordation of the declaration and, in a
3
cooperative, liens and encumbrances which the association creates, assumes or takes
4
subject to;
5
(b) A first security interest on the unit recorded before the date on which the assessment
6
sought to be enforced became delinquent or, in a cooperative, the first security interest
7
encumbering only the unit’s owner’s interest and perfected before the date on which the
8
assessment sought to be enforced became delinquent; and
9
(c) Liens for real estate taxes and other governmental assessments or charges against the
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
10
unit or cooperative.
11
9.
NRS 116.3116(2) further provides that a portion of the Association Lien, up to a
12
maximum of nine months, has priority over even a first security interest [first deed of trust] in the
13
Property:
14
[the Association Lien] is also prior to all security interests described in paragraph (b) to the
15
extent of any charges incurred by the association on a unit pursuant to NRS 116.310312
16
and to the extent of the assessments for common expenses based on the periodic budget
17
adopted by the association pursuant to NRS 116.3115 which would have become due in
18
the absence of acceleration during the 9 months immediately preceding institution of an
19
action to enforce the lien[.]
20
10.
21
22
23
24
25
26
27
28
Upon information and belief, the Association took the necessary action to trigger
the super-priority portion of the Association Lien.
11.
Upon information and belief, no party still claiming an interest in the Property
recorded a lien or encumbrance prior to the declaration creating the Association.
12.
Upon information and belief, Vegas’s bid on the Property was in excess of the
amount necessary to satisfy the costs of sale and the super-priority portion of the Association Lien.
13.
Upon information and belief, the Association or its agent, distributed or should have
distributed the excess funds to lien holders in order of priority pursuant to NRS 116.3114(c).
14.
Upon information and belief, Counter-defendant had actual or constructive notice
Page 12 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 13 of 14
1
2
3
4
of the requirement to pay assessments to the Association and of the Association Lien.
15.
Upon information and belief, Counter-defendant had actual or constructive notice
of the Association’s foreclosure proceedings.
16.
Upon information and belief, prior to the Association foreclosure sale, no individual
5
or entity paid the full amount of delinquent assessments described in the Notice of Default or
6
record or otherwise perfect any attempted partial tender thereof to provide any actual or
7
constructive notice of the lien dispute so as to cause or create a duty of inquiry as to Vegas.
8
17.
Upon information and belief, prior to the Association foreclosure sale, no notice
was provided that any individual or entity tendered or paid the entirety of the super priority portion
10
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
9
of the Association Lien or as required under NRS §116.3116(2) representing 9 months of
11
assessments for common expenses based on the periodic budget adopted by the association which
12
would have become due in the absence of acceleration for the relevant time period.
13
18.
Pursuant to NRS 116.31166, the foreclosure sale vested title in Vegas “without
14
equity or right of redemption,” and the Foreclosure Deed is conclusive against the Property’s
15
“former owner, his or her heirs and assigns, and all other persons.”
16
17
19.
foreclosure of the Association Lien.
18
FIRST CLAIM FOR RELIEF
(Declaratory Relief/Quiet Title Pursuant to
NRS 30.010, et. seq., NRS 40.10 & NRS 116.3116)
19
20
21
22
Counter-defendant’s claimed interests in the Property were extinguished by the
20.
Vegas repeats and realleges the allegations of paragraphs 1-19 as though fully set
forth herein and incorporates the same by reference.
21.
Pursuant to NRS 30.010, et. seq. and NRS 40.010, this Court has the power and
23
authority to declare Vegas’s rights and interests in the Property and to resolve the counter-
24
defendant’s adverse claims in the Property.
25
22.
Vegas is entitled to a declaratory judgment from this Court finding that: (1) Vegas
26
is the title owner of the Property; (2) the Foreclosure Deed is valid and enforceable; (3) the
27
Association foreclosure sale extinguished Counter-defendant’s ownership and security interests
28
in the Property; and (4) Vegas’s rights and interest in the Property are superior to any adverse
Page 13 of 14
Case 2:17-cv-01798-APG-PAL Document 54-1 Filed 04/25/18 Page 14 of 14
1
interest claimed by counter-defendant.
2
23.
3
WHEREFORE, Counter-claimant prays this Honorable Court will award the following
4
RELIEF:
5
1.
Vegas seeks an order from the Court quieting title to the Property in favor of Vegas.
For an Order Quieting title in favor of Vegas and for a declaration and
6
determination that VEGAS PROPERTY SERVICES, INC is the rightful owner of
7
title to the Property, and that Cross-defendant be declared to have no right, title or
8
interest in the Property.
2.
For general and special damages in excess of $10,000.00
10
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: (702) 405-0001 Fax: (702) 405-8454
9
3.
For an award of attorney’s fees and costs of suit; and
11
4.
For any further relief that the Court may deem just and proper.
12
Dated this 19th day of April, 2018.
13
14
15
16
17
18
19
THE WRIGHT LAW GROUP, PC
/s/John Henry Wright
JOHN HENRY WRIGHT, ESQ.
Nevada Bar No. 6182
CHRISTOPHER B. PHILLIPS, ESQ.
Nevada Bar No. 14600
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Attorneys for Defendant/Cross-claimant/CounterClaimant, VEGAS PROPERTY SERVICES, INC.
20
21
22
23
24
25
26
27
28
Page 14 of 14
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?