Prof-2013-S3 Legal Title Trust, By U.S. Bank National Association v. Flying Frog Avenue Trust

Filing 14

ORDER Granting 13 Stipulation to Allow Plaintiff to Amend its Complaint. Signed by Judge James C. Mahan on 11/7/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-01933-JCM-GWF Document 13 Filed 11/06/17 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 05506
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff,
PROF-2013-S3 Legal Title Trust,
by U.S. Bank National Association,
as Legal Title Trustee
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PROF-2013-S3 LEGAL TITLE TRUST, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE

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STIPULATION AND ORDER TO
ALLOW PLAINTIFF TO AMEND ITS
COMPLAINT TO ADD PARTIES

Plaintiff,

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vs.

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FLYING FROG AVENUE TRUST, a Nevada
Limited Liability Company; DOE Individual IX inclusive; and ROE Business Entities XI-XX
inclusive;
Defendants.

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Case No.: 2:17-cv-01933-JCM-GWF

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Page 1 of 3

Case 2:17-cv-01933-JCM-GWF Document 13 Filed 11/06/17 Page 2 of 3

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COMES NOW, Plaintiff, PROF-2013-S3 Legal Title Trust, by U.S. Bank National

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Association, as Legal Title Trustee (hereinafter “Plaintiff” or “U.S. Bank”), by and through its

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attorney, ROCK K. JUNG, ESQ., of the law firm of Wright, Finlay & Zak, LLP, and Defendant,

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Flying Frog Avenue Trust (hereinafter “Frog” or “Defendant”), by and through its counsel of

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record, Michael F. Bohn, Esq. and Adam R. Trippiedi, Esq. of the Law Offices of Michael F.

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Bohn, Esq., Ltd., and hereby stipulate and agree as follows:

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1.

On July 14, 2017, Plaintiff filed the instant action concerning claims to the real

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property commonly known as 8970 Flying Frog Avenue, Las Vegas, NV 89148, APN# 176-05-

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813-041 (hereinafter the “Property”).

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2.

On August 8, 2017, Defendant filed its Motion to Dismiss.

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3.

On August 22, 2017, Plaintiff filed it Opposition to Defendant’s Motion to

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Dismiss.

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4.

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Dismiss.

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5.

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On August 28, 2017, Defendant filed its Reply in support of its Motion to

On August 30, 2017 the parties submitted their Proposed Joint Discovery Plan

and Scheduling Order.

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6.

On September 14, 2017 Plaintiff propounded discovery to Defendant.

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7.

The parties have exchanged their initial disclosures.

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8.

At this time, the parties agree that Venezia Community Association (hereinafter

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“HOA”) and Red Rock Financial Services (hereinafter “HOA TRUSTEE”) are necessary parties

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to the instant action and agree that Plaintiff should be permitted to amend its complaint to assert

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claims against the HOA and HOA TRUSTEE.

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IT IS HEREBY STIPULATED AND AGREED that Plaintiff. shall have leave to amend

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its pleadings in the form of a First Amended Complaint a copy of which is attached as Exhibit 1.

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IT IS FURTHER STIPULATED AND AGREED that Plaintiff shall file its First

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Amended Complaint within seven (7) days of entry of the order approving this stipulation.

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Case 2:17-cv-01933-JCM-GWF Document 13 Filed 11/06/17 Page 3 of 3

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IT IS SO STIPULATED.
WRIGHT, FINLAY & ZAK, LLP

LAW OFFICES OF MICHAEL F. BOHN, ESQ.,
LTD.

/s/ Rock K. Jung, Esq.
EDGAR C. SMITH, ESQ.
Nevada Bar No. 05506
E-Mail: [e-mail]
ROCK K. JUNG, ESQ.
Nevada Bar No. 10906
E-Mail: [e-mail]
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys For:
PROF-2013-S3 Legal Title Trust,
U.S. Bank National Association, as Legal
Title Trustee

/s/ Michael F. Bohn, Esq.
MICHAEL F. BOHN, ESQ.
Nevada Bar No. 1641
E-Mail: [e-mail]
ADAM R. TRIPPIEDI, ESQ..
Nevada Bar No. 12294
E-Mail: [e-mail]
376 East Warm Springs Road, Suite 140
Las Vegas, NV 89119
Attorneys For:
Flying Frog Avenue Trust

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ORDER

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
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DATED:

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Page 3 of 3

November 7, 2017

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 1 of 150

Exhibit 1

Exhibit 1

Exhibit 1

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 2 of 150

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 05506
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff,
PROF-2013-S3 Legal Title Trust, by
U.S. Bank National Association, as
Legal Title Trustee
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PROF-2013-S3 LEGAL TITLE TRUST, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE

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[PROPOSED] FIRST AMENDED
COMPLAINT FOR QUIET TITLE AND
DECLARATORY RELIEF

Plaintiff,

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Case No.: 2:17-cv-01933-JCM-GWF

vs.
FLYING FROG AVENUE TRUST, a Nevada
Limited Liability Company, VENEZIA
COMMUNITY ASSOCIATION, RED ROCK
FINANCIAL SERVICES, LLC, DOE
Individual I-X inclusive; and ROE Business
Entities XI-XX inclusive;

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Defendants.

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COMES NOW Plaintiff, PROF-2013-S3 LEGAL TITLE TRUST, BY U.S. BANK
NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (hereinafter “Plaintiff” or U.S.
Bank), by and through its attorneys of record, Edgar C. Smith, Esq., and Rock K. Jung, Esq., of
the law firm of Wright, Finlay & Zak, LLP, and hereby files this civil action against the
Defendants.

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Page 1 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 3 of 150

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PARTIES, JURISDICTION AND VENUE
1.

The real property at issue is known as 8970 Flying Frog Avenue, Las Vegas,

Nevada 89148, APN: 176-05-813-041 (hereinafter, the “Property”).
2.

The Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §

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1332, as all Plaintiff are “citizens of different States” from all defendants and the amount in

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controversy exceeds $75,000, exclusive of interest and costs. This Court also has original federal

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question jurisdiction under 28 U.S.C. § 1331 because Plaintiff is asserting civil claims arising

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under the Constitution, laws, or treaties of the United States.

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3.

Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)(1)-(2)

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because Defendant resides in this district; a substantial part of the events or omissions giving rise

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to Plaintiff’s claims occurred in this district; and the Property that is the subject of this action is

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situated in this district, in Las Vegas, Clark County, Nevada.

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4.

Plaintiff is a national banking association, with its principal place of business in

Ohio, organized and existing under the laws of the United States.
5.

Plaintiff is now and at all times relevant herein, the assigned Beneficiary under a

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Deed of Trust signed by Michael Moyer (hereinafter “Moyer”), and recorded on April 1, 2009,

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(hereinafter “Deed of Trust”), which encumbers the Property and secures a promissory note.

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6.

Upon information and belief, Flying Frog Avenue Trust (hereinafter “Buyer”), is

an entity of unknown form and claims to be the current titleholder of the Property.
7.

Upon information and belief, Venezia Community Association (hereinafter the

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“HOA”) is a Nevada domestic non-profit Corporation, licensed to do business in the State of

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Nevada, and was the HOA that foreclosed on the Property.

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8.

Upon information and belief, Red Rock Financial Services (hereinafter “HOA

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Trustee”) is a foreign limited-liability company licensed to do business in the State of Nevada,

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and acted as the foreclosure trustee, which allegedly mailed and served the foreclosure notices, if

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any, and cried the foreclosure sale for the HOA.

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 4 of 150

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9.

In accordance with NRS Chapter 38.310, Plaintiff has filed a Nevada Real Estate

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Division Alternative Dispute Resolution (hereinafter, “NRED”) claim and already named both

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the HOA and the HOA Trustee as Respondents.

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GENERAL ALLEGATIONS

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10.

On or about July 31, 2008, Moyer purchased the Property.1

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The Deed of Trust executed by Moyer identified Taylor, Bean & Whitaker

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Mortgage Corp. as the Lender, Mortgage Electronic Registration Systems, Inc. (“MERS”) as the

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Beneficiary, and Noble Title as the Trustee, securing a loan in the amount of $164,607.00

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(hereinafter the “Moyer Loan”).2
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The Moyer Loan is insured by the Federal Housing Administration (“FHA”), an

agency of the United States of America.

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13.

FHA’s case number on the Deed of Trust is 332-4825340-703.

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14.

On September 8, 2010, a Corporate Assignment of Deed of Trust was recorded in

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which MERS as nominee for Taylor, Bean & Whitaker Mortgage Corp. assigned all beneficial

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interest in the Deed of Trust to BAC Home Loans Servicing, LP fka Countrywide Home Loans

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Servicing, LP.3

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15.

On May 29, 2014, an Assignment of Deed of Trust was recorded in which Bank

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of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide

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Home Loans Servicing, LP assigned all beneficial interest in the Deed of Trust to Secretary of

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Housing and Urban Development.4

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A true and correct copy of the Grant, Bargain and Sale Deed recorded in the Clark County
Recorder’s Office as Book and Instrument Number 20080731-0001575 is attached hereto as
Exhibit 1. All other recordings stated hereafter are recorded in the same manner.
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A true and correct copy of the Deed of Trust recorded as Book and Instrument Number
20090401-0000659 is attached hereto as Exhibit 2.
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A true and correct copy of the Assignment recorded as Book and Instrument Number
201009080004810 is attached hereto as Exhibit 3.
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A true and correct copy of the Assignment of Deed of Trust recorded as Book and Instrument
Number 20140529-0000122 is attached hereto as Exhibit 4.

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 5 of 150

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16.

On July 1, 2014, an Assignment of Deed of Trust was recorded in which

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Secretary of Housing and Urban Development assigned all beneficial interest in the Deed of

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Trust to U.S. Bank National Association, as trustee for SROF-2013-S3 REMIC Trust I.5
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On July 20, 2015, an Assignment of Deed of Trust was recorded in which U.S.

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Bank National Association, as trustee for SROF-2013-S3 REMIC Trust I assigned all beneficial

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interest in the Deed of Trust to USROF III Legal Title Trust 2015-1, by U.S. Bank National

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Association, as Legal Title Trustee.6

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On December 15, 2016, an Assignment of Deed of Trust was recorded in which

U.S. ROF III Legal Title Trust 2015-1, by U.S. Bank National Association, as Legal Title

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Trustee assigned all beneficial interest in the Deed of Trust to PROF-2013-S3 Legal Title Trust,

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by U.S. Bank National Association, as Legal Title Trustee.7
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On June 6, 2011, a Notice of Delinquent Assessment (“HOA Lien”) was recorded

against the Property by the HOA Trustee, on behalf of the HOA.8

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20.

On July 26, 2011, a Notice of Default and Election to Sell Pursuant to the Lien for

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Delinquent Assessments was recorded against the Property by the HOA Trustee on behalf of the

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HOA, stating that the amount due as of July 21, 2011 was $2,531.40.9

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A true and correct copy of the Assignment of Deed of Trust recorded as Book and Instrument
Number 20140701-0002454 is attached hereto as Exhibit 5.
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A true and correct copy of the Assignment of Deed of Trust recorded as Book and Instrument
Number 20150720-0000603 is attached hereto as Exhibit 6.
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A true and correct copy of the Assignment of Deed of Trust recorded as Book and Instrument
Number 20161215-0001912 is attached hereto as Exhibit 7.
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A true and correct copy of the Lien for Delinquent Assessments recorded as Book and
Instrument Number 201106060002360 is attached hereto as Exhibit 8.
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A true and correct copy of the Notice of Default and Election to Sell Pursuant to the Lien for
Delinquent Assessments recorded as Book and Instrument Number 201107260000731 is
attached hereto as Exhibit 9.

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21.

On or about August 17, 2011, Bank of America, N.A., as successor by merger to

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BAC Home Loans Servicing, LP (“BANA”), the prior beneficiary/servicer, through prior

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counsel Miles, Bauer, Bergstrom & Winters, LLP (hereinafter “MBBW”), sent correspondence

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to the HOA Trustee requesting super-priority payoff information.10

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On or about August 30, 2011, the HOA Trustee in response sent MBBW an

accounting ledger for the Property.11

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23.

On or about September 16, 2011, in response to the payoff ledger received from

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the HOA Trustee, MBBW tendered not less than the super-priority lien amount to the HOA

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Trustee.12
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MBBW’s tender, on behalf of BANA satisfied the statutory super-priority lien

amount that could be claimed against the Property by the HOA.

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25.

The HOA Trustee refused to accept BANA’s super-priority lien amount.

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26.

The HOA had no legal right to reject the tender of the super-priority amount by

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Plaintiff’s predecessor, BANA.
27.

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Despite tender of the super-priority portion of the lien, the HOA Trustee and the

HOA proceeded with a non-judicial foreclosure sale.
28.

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On September 10, 2012, a Notice of Foreclosure Sale was recorded against the

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Property by the HOA Trustee on behalf of the HOA, stating that the amount due as of the initial

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publication of the Notice of Sale was $4,359.13.13
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Upon information and belief, pursuant to the Foreclosure Deed, a non-judicial

foreclosure sale occurred on February 4, 2013 (hereinafter, the “HOA Sale”), whereby Buyer

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A true and correct copy of the MBBW correspondence to the HOA Trustee requesting superpriority information is attached hereto as Exhibit 10.
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A true and correct copy of the HOA Trustee’s accounting ledger to MBBW is attached hereto
as Exhibit 11.
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A true and correct copy of the MBBW correspondence to the HOA Trustee and copy of the
tender check in the amount of $450.00 is attached hereto as Exhibit 12.
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A true and correct copy of the Notice of Foreclosure Sale recorded as Book and Instrument
Number 201209100001419 is attached hereto as Exhibit 13.

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acquired its interest, if any, in the Property for $6,002.00.14

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30.

The Foreclosure Deed Upon Sale did not state the amount of unpaid debt at the

time of the HOA Sale.

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31.

A homeowner’s association sale conducted pursuant to NRS Chapter 116 must

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comply with all notice provisions as stated in NRS 116.31162 through NRS 116.31168 and NRS

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107.090.

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32.

A lender or holder of a beneficial interest in a senior deed of trust, such as

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Plaintiff and its predecessors-in-interest in the Deed of Trust, has a right to cure a delinquent

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homeowner’s association lien in order to protect its interest.

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33.

Reasonable notice of delinquency to all lien holders on the Property are required

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pursuant to the Declaration of Covenants, Conditions, and Restrictions for Venezia

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(“CC&Rs”).15

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34.

Upon information and belief, the HOA and its agent, the HOA Trustee, did not

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comply with all mailing and noticing requirements stated in NRS 116.31162 through NRS

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116.31168, or as required by the CC&Rs.

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35.

A recorded notice of default must “describe the deficiency in payment.”

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36.

The above-identified Notice of Default did not properly “describe the deficiency

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in payment” in violation of NRS Chapter 116.

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37.

The HOA assessment lien and foreclosure notices included improper fees and

costs in amount demanded.

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38.

The HOA Sale occurred without notice to Plaintiff, or its predecessors, agents,

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servicers or trustees, what proportion whether any amount of the HOA lien included a super-

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priority amount.

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A true and correct copy of the Foreclosure Deed recorded as Book and Instrument Number
201302140001444 is attached hereto as Exhibit 14.
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A true and correct copy of the CC&R’s recorded as Book and Instrument Number
20020806.01138 is attached hereto as Exhibit 15.

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39.

The HOA Sale occurred without notice to Plaintiff, or its predecessors, agents,

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servicers or trustees, whether the HOA was foreclosing on the “super-priority” portion of its lien,

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if any, or under the non-super-priority portion of the lien.

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40.

The HOA Sale occurred without notice to Plaintiff, or its predecessors, agents,

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servicers or trustees, of a right to cure the delinquent assessments and the super-priority lien, if

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any.

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41.

The HOA Sale violated Plaintiff’s rights to due process because Plaintiff was not

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given proper, adequate notice and the opportunity to cure the deficiency or default in the

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payment of the HOA’s assessments and the super-priority lien, if any.

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42.

The HOA Sale was an invalid sale and could not have extinguished Plaintiff’s

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secured interest because of defects in the notices given to Plaintiff, or its predecessors, agents,

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servicers or trustees, if any.

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43.

Under NRS Chapter 116, a lien under NRS 116.3116(1) can only include costs

and fees that are specifically enumerated in the statute.

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44.

A homeowner’s association may only collect as a part of the super priority lien (a)

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nuisance abatement charges incurred by the association pursuant to NRS 116.310312 and (b)

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nine months of common assessments which became due prior to the institution of an action to

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enforce the lien.

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45.

fees and costs in the amount demanded.

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Upon information and belief, the HOA Foreclosure Notices included improper

46.

The attorney’s fees and the costs of collecting on a homeowner’s association lien

cannot be included in the super-priority lien.

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47.

Upon information and belief, the HOA assessment lien and foreclosure notices

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included fines, interest, late fees, dues, attorney’s fees, and costs of collection that are not

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properly included in a super-priority lien under Nevada law and that are not permissible under

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NRS 116.3102 et seq.

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48.

The HOA Sale did not comply with NRS 116.3102 et seq. because none of the

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aforementioned notices identified above identified what portion of the claimed lien were for

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alleged late fees, interest, fines/violations, or collection fees/costs.

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49.

The HOA Sale deprived Plaintiff of its right to due process because the

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foreclosure notices failed to identify the super-priority amount, to adequately describe the

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deficiency in payment, to provide Plaintiff notice of the correct super-priority amount, and to

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provide a reasonable opportunity to satisfy that amount.

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50.

Alternatively, the sale itself was valid but Buyer took its interest subject to

Plaintiff’s first position Deed of Trust.
51.

The HOA Sale is unlawful and void because the “opt-in” provision in NRS

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116.3116 does not satisfy Constitutional Due Process safeguards under the 5th and 14th

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Amendment to the United States Constitution, nor Clause 1, Section 8, of the Nevada

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Constitution, so that the statute is unconstitutional on its face.

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52.

The HOA Sale is unlawful and void because the statutory scheme set forth in

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NRS 116.3116, et seq. constitutes a regulatory taking of private property without adequate

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compensation.

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53.

NRS Chapter 116 is unconstitutional on its face as it lacks any express

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requirement for the HOA or its agents to provide notice of a foreclosure to the holder of a first

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deed of trust or mortgage.

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54.

NRS Chapter 116 is unconstitutional on its face as it lacks any express

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requirement for the HOA or its agents to provide notice of the super-priority amount, if any, to

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the holder of a first deed of trust or mortgage to accept tender of the super-priority amount or any

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amount from the holder.

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55.

NRS Chapter 116 is unconstitutional on its face due to vagueness and ambiguity.

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56.

The HOA Sale Plaintiff of its right to due process because the foreclosure notices

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failed to identify that an attempt to pay the super-priority amount had been made.
57.

A homeowner’s association sale must be done in a commercially reasonable

manner.

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58.
$162,579.00

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At the time of the HOA Sale, the amount owed on the Moyer Loan exceeded

59.

Upon information and belief, at the time of the HOA Sale, the fair market value of

the Property exceeded $120,000.00.

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60.

The amount paid at the HOA Sale allegedly totaled $6,002.00.

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61.

The HOA Sale was not commercially reasonable, and the HOA Sale was not done

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in good faith, in light of the sale price, and the market value of the Property, and the errors

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alleged above.

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62.

The circumstances of the HOA Sale of the Property breached the HOA’s

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obligations of good faith under NRS 116.1113 and its duty to act in a commercially reasonable

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manner.

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63.

it extinguished Plaintiff’s Deed of Trust.

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The HOA Sale by which Buyer took its interest was commercially unreasonable if

64.

In the alternative, the HOA Sale was an invalid sale and could not have

extinguished Plaintiff’s secured interest because it was not a commercially reasonable sale.

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65.

Without providing Plaintiff, or its predecessors, agents, servicers or trustees,

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notice of the correct super-priority amount and a reasonable opportunity to satisfy that amount,

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including its failure to identify the super-priority amount and its failure to adequately describe

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the deficiency in payment as required by Nevada law, the HOA Sale is commercially

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unreasonable and deprived Plaintiff of its right to due process.

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66.

Pursuant to NRS 116.31162(1) an association may only proceed with foreclosure

under NRS 116.31162-116.31168 if the declaration or CC&Rs so provide.

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67.

Upon information and belief, the HOA and HOA Trustee failed to comply with all

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requirements set forth in the CC&Rs, including any mortgage protection provisions.

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68.

Upon information and belief, because the recorded CC&Rs contained a

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Mortgagee Protection Clause, and because Plaintiff, or its predecessors, agents, servicers or

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trustees, were not given proper notice that the HOA intended to foreclose on the super-priority

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portion of the dues owe, Plaintiff did not know that it had to attend the HOA Sale to protect its

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security interest.

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69.

Upon information and belief, because the recorded CC&Rs contained a

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Mortgagee Protection Clause, and because proper notice that the HOA intended to foreclose on

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the super-priority portion of the dues owing was not given, prospective bidders did not appear for

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the HOA Sale, making the HOA Sale commercially unreasonable.

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70.

Defendants knew that Plaintiff would rely on the Mortgagee Protection Clause

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contained in the recorded CC&Rs which are of public record, and knew that Plaintiff would not

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know that HOA was foreclosing on super-priority amounts because of the failure of HOA and

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HOA Trustee to provide such notice. Plaintiff’s absence from the HOA Sale allowed Buyer to

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appear at the HOA Sale and purchase the Property for a fraction of market value, making the

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HOA Sale commercially unreasonable.

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71.

Defendants knew that prospective bidders would be less likely to attend the HOA

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Sale because the public at large believed that Plaintiff was protected under the Mortgagee

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Protection Clause in the CC&Rs of public record, and that the public at large did not receive

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notice, constructive or actual, that the HOA was foreclosing on a super-priority portion of its lien

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because HOA and HOA Trustee improperly failed to provide such notice. The general public’s

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belief therefore was that a buyer at the HOA Sale would take title to the Property subject to

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Plaintiff’s Deed of Trust. This general belief resulted in the absence of prospective bidders at the

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HOA Sale, which allowed Buyer to appear at the HOA Sale and purchase the Property for a

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fraction of market value, making the HOA Sale commercially unreasonable.

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72.

The circumstances of the HOA Sale of the Property breached the HOA’s and the

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HOA Trustee’s obligations of good faith under NRS 116.1113 and their duty to act in a

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commercially reasonable manner.

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73.

Upon information and belief, Buyer is in the business of buying and selling real

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estate and/or is otherwise a professional property purchaser, and either knew or should have

3

known of defects with the HOA Sale based on the sales price, among other factors.

4

74.

The circumstances of the HOA Sale of the Property and Buyer’s status as a

5

professional property purchaser prevents Buyer from being deemed a bona fide purchaser for

6

value.

7

75.

Upon information and belief, Buyer had actual, constructive or inquiry notice of

8

Plaintiff’s first Deed of Trust, and the CC&Rs including the Mortgage Protection Clause which

9

prevents Buyer from being deemed a bona fide purchaser or encumbrancer for value.

10
11

76.

be able to obtain insurable title to the Property as a result of the HOA Sale.

12
13

Upon information and belief, Buyer knew or should have known that it would not

77.

As a direct and proximate result of the foregoing, Buyer is not entitled to bona

fide purchaser protection.

14

78.

In the event Plaintiff’s interest in the Property is not reaffirmed nor restored,

15

Plaintiff suffered damages in the amount of the fair market value of the Property or the unpaid

16

balance of the Moyer Loan and Deed of Trust, at the time of the HOA Sale, whichever is greater,

17

as a proximate result of Defendant’s acts and omissions.

18

FIRST CAUSE OF ACTION
(Quiet Title/Declaratory Relief Pursuant to28 U.S.C. § 2201,
NRS 30.010 et seq., and NRS 40.010)

19
20
21

79.

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

80.

Pursuant to 28 U.S.C. § 2201, NRS 30.010 et seq., and NRS 40.010, this Court

herein.

22
23

has the power and authority to declare Plaintiff’s rights and interests in the Property and to

24

resolve Defendant’s adverse claims in the Property.

25

81.

Further, pursuant to NRS 30.010 et seq., this Court has the power and authority to

26

declare the rights and interests of the parties following the acts and omissions of the HOA and

27

HOA Trustee in foreclosing the Property.

28

///

Page 11 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 13 of 150

1
2
3

82.

Plaintiff’s Deed of Trust is the first secured interest on the Property as intended by

and whose priority is protected by NRS 116.3116(2)(b).
83.

Upon information and belief, Buyer claims an interest in the Property through a

4

Foreclosure Deed Upon Sale recorded in the Clark County Recorder’s Office as Book and

5

Instrument Number 201302140001444 that is adverse to Plaintiff’s interest.

6

84.

Plaintiff is the current beneficiary under the Deed of Trust and the Moyer Loan

7

and is entitled to enforce its interest and first position status in the chain of title against Buyer, or

8

any successor in interest, for the reasons alleged herein.

9

85.

Because the CC&Rs and the Mortgage Protection Clause did not provide the

10

HOA with authority to foreclose on the Property, the HOA Sale could not have extinguished the

11

Deed of Trust or displaced it from its first position status in the chain of title, such that Buyer

12

took subject to the Deed of Trust. Or in the alternative, the HOA Sale is void, invalid and/or

13

should be set aside.

14

86.

Because, upon information and belief, the HOA and the HOA Trustee failed to

15

provide proper, adequate and sufficient notices required by Nevada law and the CC&Rs, the

16

HOA Sale could not have extinguished the Deed of Trust or displaced it from its first position

17

status in the chain of title, such that Buyer took subject to the Deed of Trust. Or in the

18

alternative, the HOA Sale is void, invalid and/or should be set aside.

19
20
21
22
23
24
25
26
27
28

87.

Based on the adverse claims being asserted by the parties, Plaintiff is entitled to a

judicial determination regarding the rights and interests of the respective parties to the case.
88.

A justiciable controversy exists between Plaintiff and Defendant and Plaintiff has

a legally protectable interest in the controversy. The issue is ripe for judicial determination.
89.

Upon information and belief, the Moyer Loan is insured by the Federal Housing

Administration (“FHA”).
90.

Title or a mortgage interest in real property held by a federal agency is federal

property that is protected by the U.S. Constitution.
91.

The Property Clause of the U.S. Constitution applies and prevents Plaintiff’s

interest through its Deed of Trust from being divested by the HOA Sale.

Page 12 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 14 of 150

1
2

92.

The Supremacy Clause of the U.S. Constitution applies and prevents Plaintiff’s

interest through its Deed of Trust from being divested by the HOA Sale.

3

93.

Applying NRS Chapter 116 or other state law in a manner that extinguishes

4

Plaintiff’s Deed of Trust would violate the Property and Supremacy Clauses of the United States

5

Constitution.

6
7

94.

Since the Moyer Loan is a FHA loan, it is a federally protected property interest

that cannot be divested by the actions of the Nevada Legislature through NRS Chapter 116.

8

95.

For all the reasons set forth above and in the Factual Background, Plaintiff is

9

entitled to a determination from this Court, pursuant to 28 U.S.C. § 2201, NRS 30.010 and NRS

10

40.010, that Plaintiff is the beneficiary of a first position Deed of Trust which still encumbers the

11

Property.

12

96.

Based upon the foregoing, Plaintiff is entitled to a determination from this Court,

13

pursuant to 28 U.S.C. § 2201, NRS 30.010 and NRS 40.010, that the purported HOA Sale did

14

not extinguish the Deed of Trust because it was conducted in violation of NRS 116.3116 et seq.

15

and the CC&Rs.

16

97.

Plaintiff is entitled to a determination from this Court, pursuant to 28 U.S.C. §

17

2201, NRS 30.010 and NRS 40.010, that Plaintiff’s secured interest by virtue of its Deed of Trust

18

is superior to the interest, if any, acquired by Buyer through the Trustee's Deed Upon Sale and all

19

other parties, if any.

20

98.

In the alternative, if it is found under state law that Plaintiff’s interest could have

21

been extinguished by the HOA Sale, for all the reasons set forth above and in the Factual

22

Background, Plaintiff is entitled to a determination from this Court, pursuant to 28 U.S.C. §

23

2201, NRS 30.010 and NRS 40.010, that the HOA Sale was void, invalid and/or should be set

24

aside and conveyed no legitimate interest to Buyer.

25
26
27
28

99.

Plaintiff has been compelled to retain counsel to represent it in this matter and has

and will continue to incur attorney’s fees and costs.
///
///

Page 13 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 15 of 150

1

SECOND CAUSE OF ACTION
(Declaratory Relief Under Amendments V and XIV
to the United States Constitution – Against All Defendants)

2
3
4
5

100.

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

herein.
101.

Pursuant to 28 U.S.C. § 2201, this Court is empowered to declare the rights and

6

legal relations of the parties in this matter, both generally and in relation to the foreclosure sale

7

and the Property.

8
9
10

102.

On its face, NRS 116.3116 et seq., prior to its amendment effective October 1,

2015, violated Plaintiff’s constitutional rights to due process secured by the Fifth and Fourteenth
Amendments to the United States Constitution. See Bourne Valley Court Trust v. Wells Fargo

11
Bank, N.A., 832 F.3d 1154 (9th Cir. 2016).
12
13
14
15
16
17

103.

Any purported notice provided was inadequate, insufficient, and in violation of

Plaintiff’s rights to due process.
104.

An actual and justiciable controversy exists between Plaintiff and Defendants

regarding the purported HOA Sale and the rights associated with the HOA Sale.
105.

Without declaratory relief interpreting the constitutional validity of NRS

18

116.3116 et seq. prior to its amendment effective October 1, 2015, Plaintiff’s rights will be

19

adversely affected.

20

106.

Plaintiff is entitled to a declaration that the purported HOA Sale conducted under

21

NRS 116.3116 et seq. did not extinguish the Deed of Trust, which continued as a valid

22

encumbrance against the Property.

23

107.

Based upon the foregoing, Plaintiff requests an order declaring that the purported

24

HOA Sale did not extinguish the Deed of Trust because it was conducted under NRS 116.3116 et

25

seq. prior to its amendment effective October 1, 2015, which on its face violated Plaintiff’s rights

26

to due process under the Fifth and Fourteenth Amendments to the United States Constitution.

27
28

108.

Plaintiff has been compelled to retain counsel to represent it in this matter and has

and will continue to incur attorney’s fees and costs.

Page 14 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 16 of 150

1

THIRD CAUSE OF ACTION
(Quiet Title Under the Amendments V and XIV
to the United States Constitution – Against Buyer)

2
3
4

109.

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

110.

Pursuant to 28 U.S.C. § 2201 and NRS 40.010, this Court is empowered to

herein.

5
6

declare the rights and legal relations of the parties in this matter, both generally and in relation to

7

the foreclosure sale and the Property.

8
9

111.

The Deed of Trust is a first secured interest in the Property. Plaintiff owns the

Deed of Trust and is beneficiary of record of the Deed of Trust.

10

112.

Buyer claims an interest in the Property through the Trustee’s Deed Upon Sale

11
which is adverse to Plaintiff’s interest.
12
113.

13
14
15
16

On its face, NRS 116.3116 et seq., prior to its amendment effective October 1,

2015, violated Plaintiff’s constitutional rights to due process secured by the Fifth and Fourteenth
Amendments to the United States Constitution and thus did not extinguish the Deed of Trust.
See Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016).
114.

17

Any purported notice provided was inadequate, insufficient, and in violation of

18

Plaintiff’s rights to due process under the Fifth and Fourteenth Amendment to the United States

19

Constitution.
115.

20

Based on the adverse claims being asserted by the parties, Plaintiff is entitled to a

21

judicial determination that the Deed of Trust continues to encumber the Property after the HOA

22

Sale and subsequent transfer via the Trustee’s Deed Upon Sale.

23

116.

Plaintiff is entitled to a determination that the HOA Sale (and any subsequent

24

transfers) did not convey the Property free and clear of the Deed of Trust to the Buyer at the

25

HOA Sale, and thus that any interest acquired by Buyer is subject to the Deed of Trust.

26
27
28

117.

Plaintiff has been compelled to retain counsel to represent it in this matter and has

and will continue to incur attorney’s fees and costs.
///

Page 15 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 17 of 150

1

FOURTH CAUSE OF ACTION
(Permanent and Preliminary Injunction versus Buyer)

2
118.

3
4

fully set forth herein.
119.

5
6

9
10

120.

13
14

Deed of Trust still encumbered the Property in first position and was not extinguished by the
HOA Sale.
121.

loss of title to a bona fide purchaser or loss of the first position priority status secured by the
Property.
122.

19
20

123.

encumbrance of the Property if it is claimed to be superior to Plaintiff’s Deed of Trust or not
subject to that Deed of Trust.
124.

25

125.

28

Plaintiff is entitled to a preliminary injunction requiring Buyer to segregate and

deposit all rents with the Court or a Court-approved trust account over which Buyer has no
control during the pendency of this action.
126.

26
27

Plaintiff is entitled to a preliminary injunction requiring Buyer to pay all taxes,

insurance and homeowner’s association dues during the pendency of this action.
23
24

Plaintiff is entitled to a preliminary injunction and permanent injunction

prohibiting Buyer, its successors, assigns, and agents from conducting any sale, transfer or

21
22

Plaintiff has no adequate remedy at law due to the uniqueness of the Property

involved in the case.

17
18

Plaintiff has a reasonable probability of success on the merits of the Complaint,

for which compensatory damages will not compensate Plaintiff for the irreparable harm of the

15
16

Any sale or transfer of the Property, prior to a judicial determination concerning

the respective rights and interests of the parties to the case, may be rendered invalid if Plaintiff’s

11
12

As set forth above, Buyer may claim an ownership interest in the Property that is

adverse to Plaintiff.

7
8

Plaintiff incorporates by reference the allegations of all previous paragraphs, as if

Plaintiff has been compelled to retain counsel to represent it in this matter and has

and will continue to incur attorney’s fees and costs.
///

Page 16 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 18 of 150

1

FIFTH CAUSE OF ACTION
(Unjust Enrichment versus Defendants)

2
127.

4

of Buyer.
129.

7
8

130.

13

131.

usage of the Property.
132.

18

133.

Plaintiff will have suffered damages if Defendants are allowed to retain their

interest in the Property and the benefit of Plaintiff and its predecessor’s payment of taxes,
insurance or homeowner’s association assessments since the time of the HOA Sale.
134.

20

Plaintiff is entitled to general and special damages.

135.

19

21

Plaintiff will have suffered damages if Defendants are allowed to retain their

interest in the Property.

16
17

Should Plaintiff’s Complaint be successful in quieting title against Buyer or

setting aside the HOA Sale, Defendants will have been unjustly enriched by the HOA Sale and

14
15

Defendants have benefitted from Plaintiff and its predecessor’s payment of taxes,

insurance or homeowner’s association assessments since the time of the HOA Sale.

11
12

Defendants have benefitted from the unlawful HOA Sale and nature of the real

property.

9
10

Plaintiff has been deprived of the benefit of its secured deed of trust by the actions

herein.

5
6

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

128.

3

Plaintiff has been compelled to retain counsel to represent it in this matter and has

and will continue to incur attorney’s fees and costs.
SIXTH CAUSE OF ACTION

22

(Wrongful/Statutorily Defective Foreclosure versus the HOA and the HOA Trustee)

23

136.

24
25

fully set forth herein.
137.

26
27
28

Plaintiff incorporates by reference the allegations of all previous paragraphs, as if

Plaintiff, by and through its predecessors-in-interest and agent, paid the super-

priority lien amount, which was rejected by the HOA and HOA Trustee, prior to the HOA Sale.
///

Page 17 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 19 of 150

1

138.

The HOA and HOA Trustee improperly proceeded with the HOA Sale or at the

2

least to any extent the super-priority portion of the HOA’s lien was claimed to be part of the

3

HOA Sale.

4
5

139.

Upon information and belief, the HOA and HOA Trustee did not comply with all

mailing and noticing requirements stated in NRS 116.31162 through NRS 116.31168.

6

140.

7

assure due process.

8

141.

The HOA and HOA Trustee failed to provide notice pursuant to Nevada law and

Because the HOA Sale was wrongfully conducted and violated applicable law,

9

the Court should set aside the HOA Sale to the extent that it purports to have extinguished the

10

first Deed of Trust and delivered title to the Property to Saticoy Bay free and clear of that Deed

11

of Trust.

12

142.

Because the HOA and HOA Trustee did not give Plaintiff, or its agents, servicers

13

or predecessors-in-interest, the proper, adequate notice of the sale and the opportunity to cure

14

the deficiency or default in the payment of the HOA’s assessments required by Nevada statutes,

15

the CC&Rs, and Due Process, the HOA Sale should be set aside.

16

143.

The HOA assessment lien and foreclosure notices included improper fees and

17

costs in the amount demanded, and thus, the HOA Sale was wrongfully conducted and should

18

be set aside.

19

144.

As a direct and proximate result of the HOA and HOA Trustee’s

20

wrongful/statutorily defective foreclosure of the Property by the HOA Sale, as more particularly

21

set forth above and in the General Allegations, Plaintiff suffered general and special damages in

22

an amount not presently known. Plaintiff will seek leave of court to assert said amounts when

23

they are determined.

24

///

25
26
27
28

///
///
///
///

Page 18 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 20 of 150

1

145.

If it is determined that the Deed of Trust has been extinguished by the HOA Sale

2

as a proximate result of HOA and HOA Trustee’s wrongful/statutorily defective foreclosure of

3

the Property by the HOA Sale, Plaintiff has suffered special damages in the amount equal to the

4

fair market value of the Property or the unpaid balance of the Lake Loan, plus interest, at the

5

time of the HOA Sale, whichever is greater, in an amount not presently known or liquidated,

6

and according to proof at trial.

7
8

146.

Plaintiff has been required to retain counsel to prosecute this action and is

entitled to recover reasonable attorney’s fees to prosecute this action.

9

SEVENTH CAUSE OF ACTION

10

(Negligence versus the HOA and HOA Trustee)

11
12

147.

Plaintiff incorporates by reference the allegations of all previous paragraphs, as if

fully set forth herein.

13

148.

The HOA and HOA Trustee owed a duty to Plaintiff and subordinate lienholders

14

to allow Plaintiff or its predecessors-in-interest and their respective agents, servicers or trustees,

15

if any, an opportunity to protect their interest and cure the super-priority lien threatening their

16

security interests.

17
18

149.

The HOA and HOA Trustee breached their duty by rejecting the tendered super-

priority lien amount and proceeding with the HOA Sale on the super-priority lien.

19

150.

The HOA and HOA Trustee breached their duty by failing to disclose the

20

attempted payment of the super-priority portion of the lien, by failing to disclose the amount of

21

the super-priority lien in any foreclosure notices, by failing to inform MBBW what they

22

believed the super-priority amount to be when they rejected the MBBW super-priority tender,

23

by failing to specify that it was foreclosing on the super-priority portion of its lien as opposed to

24

the non-super-priority portion, and by failing to provide notice that Plaintiff and subordinate

25

lienholders had an opportunity to cure.

26
27
28

151.

As an actual and proximate result of the HOA and HOA Trustee’s breaches of

their duties, the Deed of Trust has been threatened.
///

Page 19 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 21 of 150

1
2

152.

As an actual and proximate result of the breaches of duties owed by the HOA

and HOA Trustee, Plaintiff has incurred general and special damages.

3

153.

If Plaintiff is found to have lost its first security interest in the Property, it was

4

the direct and proximate result of the HOA and HOA Trustee’s breaches of their duties, and

5

Plaintiff has thereby suffered general and special damages.

6
7

154.

Plaintiff has been required to retain counsel to prosecute this action and is

entitled to recover reasonable attorney’s fees to prosecute this action.

8

EIGHTH CAUSE OF ACTION

9

(Negligence Per Se versus the HOA and HOA Trustee)

10
11

155.

Plaintiff incorporates by reference the allegations of all previous paragraphs, as if

fully set forth herein.

12

156.

NRS Chapter 116 imposes a duty on homeowners associations to conduct HOA

13

foreclosure sales in a manner that is consistent with its provisions and, by reference, the

14

provisions of NRS 107.090.

15

157.

The HOA and HOA Trustee breached the statutory duties imposed by NRS

16

Chapter 116 by proceeding with the HOA foreclosure sale; and by accepting the tendered super-

17

priority lien amount and proceeding with the HOA Sale without notice that the successful

18

bidder would take title subject to the Deed of Trust.

19
20

158.

disclose the correct amount in deficiency.

21
22

159.

160.

27
28

The injury that Plaintiff faces – extinguishment of the Deed of Trust – is the type

against which NRS Chapter 116 is intended to protect.

25
26

Plaintiff is a member of the class of person whom NRS Chapter 116 is intended

to protect.

23
24

The HOA and HOA Trustee violated NRS 116.31162(1)(b)(1) by failing to

161.

As an actual and proximate result of the HOA and HOA Trustee’s breaches of

their statutory duties, the Deed of Trust is threatened.
///
///

Page 20 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 22 of 150

1

162.

As an actual and proximate result of the HOA and HOA Trustee’s breaches of

2

their duties, Plaintiff has incurred general and special damages to bring this action, in an amount

3

not yet liquidated.

4

163.

If it is determined that the Deed of Trust was extinguished, Plaintiff’s loss was

5

actually and proximately caused by the actions and inactions of the HOA and the HOA Trustee,

6

and the breaches of their statutory duties, and Plaintiff has thereby suffered general and special

7

damages, not yet liquidated

8
9

164.

Plaintiff has been required to retain counsel to prosecute this action and is

entitled to recover reasonable attorney’s fees to prosecute this action.

10

NINTH CAUSE OF ACTION

11

(Misrepresentation versus the HOA and HOA Trustee)

12
13
14

165.

Plaintiff incorporates and re-alleges all previous paragraphs, as if fully set forth

166.

Plaintiff is within the class or persons or entities that the HOA intended or had

herein.

15

reason to expect to act or to refrain from action in reliance upon the acts of its agent, the HOA

16

Trustee.

17

167.

Plaintiff justifiably relied upon the HOA Trustee’s acceptance of the payment of

18

the super-priority portion of the lien prior to the HOA Sale and the HOA and the HOA Trustee

19

intended or had reason to expect their conduct would be influenced.

20

168.

The HOA and HOA Trustee’s misrepresentations in accepting the payment of the

21

super-priority portion of the lien and subsequently purporting to foreclose on the super-priority

22

portion of the lien were false or they had an insufficient basis for making the representations.

23
24
25

169.

The HOA had a pecuniary interest in having Plaintiff and its predecessors in

interest rely on the acts of its agent, the HOA Trustee.
170.

The HOA failed to exercise reasonable care or competence in purporting to

26

foreclose on the super-priority lien despite the acceptance by the HOA Trustee of the payment of

27

the super-priority portion of the lien prior to the HOA Sale and its representations regarding the

28

foreclosure were false or it had an insufficient basis for making them.

Page 21 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 23 of 150

1

171.

2

cause of its reliance.

3

172.

4

Plaintiff suffered general and specific damages, not yet liquidated, as a proximate

Plaintiff has been required to retain counsel to prosecute this action and is entitled

to recover reasonable attorney’s fees.

5

PRAYER

6

Wherefore, Plaintiff prays for judgment against the Defendant as follows:

7

1.

For a declaration and determination that Plaintiff’s interest is secured against the

8

Property, and that Plaintiff’s first Deed of Trust was not extinguished by the HOA

9

Sale;

10

2.

11

For a declaration and determination that Buyer’s interest, and any and all
successors’ interest, in the Property, if any, is subject to the Deed of Trust;

12

3.

13

For a declaration and determination that the HOA Sale was invalid to the extent it
purports to convey the Property free and clear to Buyer;

14

4.

In the alternative, for a declaration and determination that the HOA Sale was

15

void, invalid and/or should be set aside and conveyed no legitimate interest to

16

Buyer;

17

5.

In the alternative, for a declaration and determination that the HOA Foreclosure

18

Sale did not extinguish the Deed of Trust because it was conducted under a statute

19

that facially violated Plaintiff’s rights to due process;

20

6.

21

prohibited from conducting a sale or transfer of the Property and representing the

22

sale is free and clear of the Deed of Trust, unless Buyer tenders payment of the

23

debt secured by the Deed of Trust, or from encumbering the Property during the

24

pendency of this action;

25

7.

26

For a preliminary injunction that Buyer, its successors, assigns, and agents pay all
taxes, insurance and homeowner’s association dues during the pendency of this

27
28

For a preliminary injunction that Buyer, its successors, assigns, and agents are

action;
///

Page 22 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 24 of 150

1

8.

For a preliminary injunction that Buyer, its successors, assigns, and agents be

2

required to segregate and deposit all rents with the Court or a Court-approved

3

trust account over which Buyer have no control during the pendency of this

4

action;

5

9.

If it is determined that Plaintiff’s Deed of Trust has been extinguished by the

6

HOA Sale, for special damages in the amount of the fair market value of the

7

Property or the unpaid balance of the Moyer Loan and Deed of Trust, at the time

8

of the HOA Sale, whichever is greater;

9

10.

For general and special damages;

10

11.

In the alternative, for restitution;

11

12.

For attorney’s fees;

12

13.

For costs incurred herein, including post-judgment costs; and

13

14.

For any and all further relief deemed appropriate by this Court.

14
15

DATED this

day of November, 2017.
WRIGHT, FINLAY & ZAK, LLP

16
17
18
19
20
21
22
23
24

/s/ Rock K. Jung, Esq.
Edgar C. Smith, Esq.
Nevada Bar No. 05506
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Tel: [phone]
Fax: [phone]
Attorney for Plaintiff,
PROF-2013-S3 Legal Title Trust, by
U.S. Bank National Association, as
Legal Title Trustee

25
26
27
28

Page 23 of 24

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 25 of 150

1

INDEX OF EXHIBITS

7

EXHIBIT
NUMBER
#1
#2
#3
#4
#5
#6
#7
#8

8

#9

9

#10

10

#11

11

#12

12

#13
#14
#15

2
3
4
5
6

13

DESCRIPTION
Grant, Bargain and Sale Deed
Deed of Trust
Corporation Assignment of Deed of Trust Nevada
Assignment of Deed of Trust
Assignment of Deed of Trust
Assignment of Deed of Trust
Assignment of Deed of Trust
Lien for Delinquent Assessments
Notice of Default and Election To Sell Pursuant to the Lien for Delinquent
Assessments
Miles, Bauer, Bergstrom & Winters LLP letter, dated 08/17/2011, to Red Rock
Financial Services requesting payoff.
Red Rock Financial Services letter, dated 08/30/2011, to Miles, Bauer,
Bergstrom & Winters LLP and transmittal of accounting ledger for Property
Miles, Bauer, Bergstrom & Winters LLP letter, dated 09/16/2011, to Red Rock
Financial Services transmittal of tender check.
Notice of Foreclosure Sale
Foreclosure Deed
Declaration of Covenants, Conditions and Restrictions for Venezia

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 24 of 24

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Exhibit 1: Grant, Bargain, Sale Deed

Exhibit 1: Grant, Bargain, Sale Deed

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 27 of 150

111111111111111111111111111111111111111

20080731-0001575
Fee: $17.00
RPTT: $841.50
N/C Fee: $25.00
07/31/2008
11:36:43
T20080161953
Requestor:
TICOR TITLE LAS VEGAS
Debbie Conway
OSA
Clark County Recorder
Pgs: 5

536555 322061920
A.P.N. 176-05-813-041
\}',hen recorded mail to: Michael Moyer,

"ta-X
.· ~8970 Flying Frog Avenue, Las Vegas, NV
S fa,ffifl.U vV6 . I

,uq,:l

89148

Affix R. P. T. T., $ 841.50

GRANT, BARGAIN, SALE DEED
THIS INDENTURE WITNESSETH: That Deutsche Bank National Trust Company as Trustee under the
Pooling and Servicing Agreement Dated as of August 1, 2004 Finance America Mortgage Loan Trust
2004-2 Asset-Backed Certificates, Series 2004-2 (who erroneously acquired title as Deutsche Bank
National Trust Company as Trustee by Barclays Capital Real Estate Inc.) in Consideration of
$
and other valuable consideration, the receipt of which is hereby acknowledged, does
hereby Grant, Bargain, Sell and Convey to
Michael Moyer, a single man
all that real property situated in the
County of Clark State of Nevada,
bounded and described as follows:
See EXHIBIT "A"
Grantor covenants that it is seized and possessed of the said land and has a right to convey it, and
warrants the title against the lawful claims of all persons claiming by, through, and under it, but not
further otherwise.
The following reservations from and exceptions to this conveyance and the warranty of title herein
shall apply.
( 1)

All Easements, rights of way and prescriptive rights whether of record or not, pertaining
to any portions(s) of the herein described property (hereinafter, the "Property");

(2)

All valid oil, gas and mineral rights, interests or leases, royalty reservations, mineral
interest and transfers of interest of any character, in the oil, gas or minerals of record in
any county in which any portion of the Property is located;

(3)

All restrictive covenants, terms, conditions, contracts, provisions, zoning ordinances and
other items of record in any county in which any portion of the Property is located,
pertaining to any portion(s) of the Property, but only to the extent that same are still in
effect:

(4)

All presently recorded instruments (other than liens and conveyances by, through or
under the Grantor) that affect the Property and any portion(s) thereof;

(5)

Ad Valorem taxes, fees and assessments, if any, for the current year and all prior and

CLARK,NV
Document: DED 2008.0731.1575

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 28 of 150

subsequent years, the payment of which Grantee assumes (at the time of transfer of title),
and all subsequent assessments for this and all prior years due to change( s) in land usage
(including, but not limited to, the presence or absence of improvements, if any, on the
Property), ownership, or both, the payment of which Grantee assumes; and
(6)

Any conditions that would be revealed by a physical inspection and survey of the
Property.

Together with all and singular tenements, hereditaments and appurtenances thereunto belonging or in
anywise appertaining.
Witness _ _ _ _ _ hand

this

_.::._l--=6:::..___ day of

:ft.< '-Y

,JDI:8.

Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement Dated as
of August 1, 2004 Finance America Mortgage Loan Trust 2004-2 Asset-Backed Certificates, Series 20042 (who erroneously acquired title as Deutsche Bank National Trust Company as Trustee by Barclays
,'
Capital Real Estate Inc.)
By Barclays Capital Real Estate Jn6., a Delaware Corporation, d/b/a HornEq Servicing, attorney in fact
By: _ _ _ _ _ _~~~r----,./

Printed Name _ _...!..N~o!!...!r!.._!i_!Ck~o~·~C~oul-"ls_..t..~.~.n.un'---

Asslstant _ _ _ _
Its _ _ _ _ _ _ _ _ _ Secretary_ __
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF _ _ _ _ _ _ __
On this _ _ _ day of
, before me,
, the
undersigned Notary Public, personally appeared
known to me to
be the person who executed the within instrument as
on
behalf of the national banking association therein named, and acknowledged to me that the corporation
executed the same.
WITNESS my hand and official seal.

(Notary Public)

CLARK,NV
Document: DED 2008.0731.1575

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 29 of 150

State of California
}
County of Sacramento } ss.

l --{ ~ -- 0 ~ , before me, M. Schuessler, Notary Public, personally appeared
On
Noriko Colston, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERillRY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.

\lA.

-~

Notary signature

CLARK,NV
Document: DED 2008.0731.1575

M. Schuessler

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 30 of 150

EXHIBIT A
LEGAL DESCRIPTION

PARCELl:
Lot Seventy-Four (74) of VENEZIA PHASE I, as shown by map thereof on file in Book 105
of Plats, Page 97, in the Office of the County Recorder of Clark County, Nevada.
PARCEL II:
A easement for ingress and egress over the Private Streets and Common Areas as shown
and delineated on said map.

CLARK,NV
Document: DED 2008.0731.1575

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STATE OF NEVADA
DECLARATION OF VALUE FORM
1. Assessor Parcel Number(s)
a) 176-05-813-041
b)
c)
d)

2. Type of Property:
b) 0 Single Fam. Res
a) D Vacant Land
d) D 2-4 Plex
c) 0 Condo/Twnhse
f) D Comm' 1/lnd' I
e) D Apt. Bldg
h) D Mobile Home
g) D Agricultural
D Other_ _ _ _ _ _ _ _ _ __
3. Total Value/Sales Price of Property
Deed in Lieu of Foreclosure Only (value of property)

FOR RECORDER'S OPTIONAL USE ONLY
Book: _ _ _ _ _ _Page: _ _ _ __
Date ofRecording: _ _ _ _ _ _ _ __
Notes:

$165.000.00

(___________
Transfer Tax Value:
$ ((p5 CCI:J .~
$ 841.50

Real Property Tax Due:

4. If Exemption Claimed:
a. Transfer Tax Exemption per NRS 375.090, Section _ _ _ __
b. Explain Reason for Exemption: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
5. Partial Interest: Percentage being transferred: I 0 J
%
The undersigned declares and acknowledges, under penalty of perjury, pursuant to NRS 375.060
and NRS 375.110, that the information provided is correct to the best of their information and belief, and
can be supported by documentation if called upon to substantiate the information provided herein.
Furthermore, the parties agree that disallowance of any claimed exemption, or other determination of
additional tax due, may result in a penalty of 10% of the tax due plus interest at 1% per month. Pursuant
to NRS 375.030, the Buyer and Seller shall be jointly and severally liable for any additional amount
owed.
Signature
Signature

h, , C
~

u

r1 /

I!

,

~

_

~

fv\AJ\' N}JQ ~ ~

,/

Capacity ----.t;I-:.J.-"-"-'e'--'yT----------Capacity _.,....,...'f"--=-.e_.__j_ _ _ _ _ _ __

SELLER (GRANTOR) INFORMATION
(REQUIRED)
Print Name: Deutsche Bank National Trust
Company
Address: 701 Corporate Center Drive
City: Raleigh NC 27607
State:
Zip: _ _ _ _ _ _ __

BUYER (GRANTEE) INFORMATION
(REQUIRED)
Print Name: Michael D. Moyer

COMPANY/PERSON REQUESTING RECORDING (required if not seller or buy)

Print Name Ticor Title of Nevada, Inc.
Address 8379 W. Sunset Road. Suite 120
City: Las Vegas
State: "'""NV-'-----

CLARK,NV
Document: DED 2008.0731.1575

Page 5 of 5

Escrow#

07023572SK

Zip: 89113

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 32 of 150

Exhibit 2: Deed of Trust

Exhibit 2: Deed of Trust

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Exhibit 3: Corporation Assignment of Deed of

Trust Nevada

Exhibit 3: Corporation Assignment of Deed of

Trust Nevada

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Station Id :REOR

Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 44 of 150

RECORDING REQUESTED BY:
RECONTRUST COMPANY, N.A.
AND WHEN RECORDED MAIL DOCUMENT TO:
BAC Home Loans Servicing, LP
400 COUNTRYWIDE WAY SV-35
SIMI VALLEY, CA 93065

TS No.

lnst #: 201 00908000481 0
Fees: $14.00
N/C Fee: $0.00
09/08/2010 03:09:50 PM
Receipt#: 494748
Requestor:
CLARK RECORDING SERVICE
Recorded By: ADF Pgs: 1

DEBBIE CONWAY
CLARK COUNTY RECORDER

10~110579

TITLE ORDER#: 4532034
176-05-813-041

CORPORATION ASSIGNMENT OF DEED OF TRUST NEVADA
FOR VALUE RECEIVED, THE UNDERSIGNED HEREBY GRANTS, ASSIGNS AND TRANSFER TO:
BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP

ALL BENEFICIAL INTEREST UNDER THAT CERTAIN DEED OF TRUST DATED 03/23/2009,
EXECUTED BY: MICHAEL MOYER, AS A SINGLE MAN,TRUSTOR: TO NOBLE TITLE,
TRUSTEE AND RECORDED AS INSTRUMENT NO. 0000659 ON 04/01/2009, IN BOOK 20090401,
OF OFFICIAL RECORDS IN THE COUNTY RECORDER'S OFFICE Of CLARK COUNTY, IN THE
STATE OF NEVADA.
DESCRIBING THE LAND THEREIN: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST.
TOGETHER WITH THE NOTE OR NOTES THEREIN DESCRIBED OR REFERRED TO, THE
MONEY DUE AND TO BECOME DUE THEREON WITH INTEREST, AND ALL RIGHTS
ACCRUED OR TO ACCRUE UNDER SAID DEED OF TRUST/MORTGAGE.
DATED:

September 02, 20 I 0

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC.

Notary Public's Signature

CLARK,NV
Document: DOT ASN 2010.0908.4810

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Exhibit 4: Assignment of Deed of Trust

Exhibit 4: Assignment of Deed of Trust

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Exhibit 5: Assignment of Deed of Trust

Exhibit 5: Assignment of Deed of Trust

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 49 of 150

lnst #: 20140701-0002454
Fees: $17.00
N/C Fee: $25.00
07/01/2014 03:05:55 PM
Receipt#: 2075542
Requestor:
DEFAULT SERVICES· AVENUE 3
Recorded By: SUO Pgs: 1

DEBBIE CONWAY
CLARK COUNTY RECORDER

PREPARED BY:
Secretary of Housing and Urban
Development
451 7th Street, S.W.
Washington,D.C. 20410
Tax ID: 176-05-813-041

WHEN RECORDED RETURN TO:
Avenue 365 Lender Services
401 Plymouth RD, Ste. 550
Plymouth Meeting, PA 19462

ASSIGNMENT OF DEED OF TRUST
FOR VALUE RECEIVED, the undersigned, Secretary of Housing and Urban Development, located at 451 7th
Street, S.W., Washington, D.C. 20410 ("ASSIGNOR/GRANTOR"), hereby grants, conveys, assigns to: U.S.
Bank National Association, as trustee for SROF-2013-S3 REMIC Trust I, located at 60 Livingston Avenue,
EP~MN-WS3D, St. Paul, MN 55107 ("ASSIGNEE/GRANTEE") all beneficial interest under that certain DEED
OF TRUST dated 3/23/2009, and executed by MICHAEL MOYER, AS A SINGLE MAN, borrower(s) to:
Mortgage Electronic Registration Systems, Inc., solely as nominee forT AYLOR, BEAN & WHITAKER
MORTGAGE CORP., as original lender, and certain instrument recorded 4/1/2009, in DOC# 20090401-0000659,
in the Official Records of CLARK County, the State of Nevada, given to secure a certain Promissory Note in the
amount of$164,607.00 covering property located at: 8970 FLYING FROG AVE., LAS VEGAS, Nevada 89148.
TOGETHER with the note or notes therein described and secured thereby, the money due and to become due
thereon, with interest, and all rights accrued or to accrue under said Mortgage including the right to have
reconveyed, in whole or in part, the real property described therein.
Dated:

ASSIGNOR: Secretary of Housing and Urban Development
by PRMF Acquisition LLC, its attorney-in-fact, by Avenue
365 Lender Services, LLC, its designee*

rt?~

By: _ _~-~~~:..__ _ _ _ _ _ _ __
__
Name: Alan B. Kirsch
Title:

Authorized Signatory

*Power of Attorney recorded in Maricopa County, Arizona as
Inst. #20140276293
State of Pennsylvania
County of Montgomery
Before me, Carol A. Dierolf, duly commissioned Notary Public, on this day personally appeared Alan B. Kirsch,
Authorized Signatory of Avenue 365 Lender Services, LLC, designee for PRMF Acquisition LLC, attorneyin-fact for Secretary of Housing and Urban Development, known to me (or proved to me on the oathof
_ _ _ _ _ _ or through-------' to be the person whose name is subscribed to the foregoing

r

instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein
expressed.

Givon <md<e my hmd ood soal of offi" thi•

;}6 ~ay of

COMMONWEALTH OF PENNSYLVANIA

I

/
Notarial Seal
. N Carol A. Dierolf, Notary Pubiic
, : ew Hanover Twp., Montgomery County
, My Commission Expires July 25 2017

.:~JIIi:M8ER,

CLARK,NV
Document: DOT ASN 2014.0701.2454

fNNSYLVANlA ASSOCfATION 0; 140TARJfS

Page 1 of 1

,2off.

Notary Public's Signature
Printed Name: Carol A. Dierolf
My Commission Expires: 7/25/2017

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 50 of 150

Exhibit 6: Assignment of Deed of Trust

Exhibit 6: Assignment of Deed of Trust

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Exhibit 7: Assignment of Deed of Trust

Exhibit 7: Assignment of Deed of Trust

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Exhibit 8: Lien for Delinquent Assessments

Exhibit 8: Lien for Delinquent Assessments

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 57 of 150

lnst #: 2011 06060002360
Fees: $14.00
N/C Fee: $0.00
06/06/2011 09:59:48 AM
Receipt#: 800659
Requestor:
NORTH AMERICAN TITLE COMPAN
Recorded By: CDE Pgs: 1

Assessor Parcel Number: 176-05-813-041
File Number: R68466

Accommodation

DEBBIE CONWAY
CLARK COUNTY RECORDER

LIEN FOR DELINQUENT ASSESSMENTS
Red Rock Financial Services is a debt collector and is attempting to collect a debt. Any information
obtained will be used for that purpose.
NOTICE IS HEREBY GIVEN: Red Rock Financial Services, a division of RMI Management LLC,
officially assigned as agent by the Venezia Community Association, herein also called the Association, in
accordance with Nevada Revised Statues 116 and outlined in the Association Covenants, Conditions, and
Restrictions, herein also called CC&R's, recorded on 08/06/2002, in Book Number 20020806, as Instrument
Number 01138 and including any and all Amendments and Annexations et. seq., of Official Records of Clark
County, Nevada, which have been supplied to and agreed upon by said owner.
Said Association imposes a Lien for Delinquent Assessments on the commonly known property:
8970 Flying Frog Ave, Las Vegas, NV 89148
VENEZIA UNIT-I AT RHODES RANCH PLAT BOOK 105 PAGE 97 LOT 74, in the County of
Clark
Current Owner(s) of Record:
MICHAEL MOYER
The amount owing as of the date of preparation of this lien is **$4,070.09.
This amount includes assessments, late fees, interest, fines/violations and collection fees and costs.
** The said amount may increase or decrease as assessments, late fees, interest, fines/violations, collection fees,
costs or partial payments are applied to the account.

Prepared By R becca J. Tom, Red Rock Fmancml Services, on behalf of Venezia Commumty AssociatiOn
STATE OF NEVADA
)
COUNTY OF CLARK
)
On May 31, 2011, before me, personally appeared Rebecca J. Tom, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

MEIYl SIBLEY

Notary PuWic ...... of Ne¥ada

cia! Services
treet, Suite 100
Las Vegas, Nevada 89119
702-932-6887

CLARK,NV
Document: LN HOA 2011.0606.2360

Page 1 of 1

•

No. 08-7934-1
My appt. ap. Sept. 4, 2012

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Exhibit 9: Notice of Default and Election to Sell
Pursuant to the Lien for Delinquent
Assessments

Exhibit 9: Notice of Default and Election to Sell
Pursuant to the Lien for Delinquent
Assessments

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lnst #: 2011 07260000731
Fees: $14.00
N/C Fee: $0.00
07/26/2011 09:12:58 AM
Receipt#: 856280
Requestor:
NORTH AMERICAN TITLE COMPAN
Recorded By: RNS Pgs: 1

Assessor Parcel Number: 176-05-813-041
File Number:
R68466
Property Address: 8970 Flying Frog Ave
Las Vegas, NV 89148
Title Order Number:

33 3ll

DEBBIE CONWAY
CLARK COUNTY RECORDER

NOTICE OF DEFAULT AND ELECTION TO SELL PURSUANT TO THE
LIEN FOR DELINQUENT ASSESSMENTS
IMPORT ANT NOTICE

+

+

Red Rock Financial Services is a debt collector and is attempting to collect a debt. Any information obtained
will be used for that purpose.

WARNING! IF YOU FAIL TO PAY THE AMOUNT SPECIFIED IN
THIS NOTICE, YOU COULD LOSE YOUR HOME, EVEN IF THE
AMOUNT IS IN DISPUTE!
NOTICE IS HEREBY GIVEN:

Red Rock Financial Services officially assigned as agent by the Venezia

Con1munity ..&a-ssociation, under the Lien for Delinquent i\ssessments, recorded on 06/06/2011, in Book Number

20110606, as Instrument Number 0002360, reflecting MICHAEL MOYER as the owner(s) of record on said
lien, land legally described as VENEZIA UNIT-I AT RHODES RANCH PLAT BOOK 105 PAGE 97 LOT 74,
of the Official Records in the Office of the Recorder of Clark County, Nevada, makes known the obligation
under the Covenants, Conditions and Restrictions recorded 08/06/2002, in Book Number 20020806, as
Instrument Number 01138, has been breached. As of 01/26/2010 forward, all assessments, whether monthly or
otherwise, late fees, interest, Association charges, legal fees and collection fees and costs, less any credits, have
gone unpaid.
Above stated, the Association has equipped Red Rock Financial Services with verification of the obligation
according to the Covenants, Conditions and Restriction in addition to documents proving the debt, therefore
declaring any and all amounts secured as well as due and payable, electing the property to be sold to satisfy the
obligation. In accordance with Nevada Revised Statutes 116, no sale date may be set until the ninety-first (91)
day after the recorded date or the mailing date of the Notice of Default and Election to Sell. As of July 21, 2011,
the amount owed is$ 2,531.40. This amount will continue to increase until paid in full.

~~d./-~

Dated:July21,2011

Prep~ua Wood, Red Rock Financial Services, on behalf of Venezia Community Association
STATE OF NEVADA
COUNTY OF CLARK
On July 21, 2011, before me, personally appeared Joshua Wood, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

Red Rock Financial Services
7251 Amigo Street, Suite 100
Las Vegas, Nevada 89119
702-932-6887

CLARK,NV
Document: LN BR 2011.0726.731

Page 1 of 1

EUZABETH CERNAK
•

Notary Pubic State of Ne¥ada
No. 04·91116·1
My appt. 8Xp. Aug. 5, 2012

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Exhibit 10: Miles, Bauer, Bergstrom & Winters
LLP letter, dated 08/17/2011, to Red
Rock Financial Services requesting
payoff

Exhibit 10: Miles, Bauer, Bergstrom & Winters
LLP letter, dated 08/17/2011, to Red
Rock Financial Services requesting
payoff

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WFZ0512
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Exhibit 11: Red Rock Financial Services letter,
dated 08/30/2011, to Miles, Bauer,
Bergstrom & Winters, LLP,
transmittal of Accounting Ledger
and Payoff

Exhibit 11: Red Rock Financial Services letter,
dated 08/30/2011, to Miles, Bauer,
Bergstrom & Winters, LLP,
transmittal of Accounting Ledger
and Payoff

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WFZ0517
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WFZ0521
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Exhibit 12: Miles, Bauer, Bergstrom & Winters
LLP letter, dated 09/16/2011, to Red
Rock Financial Services transmittal
of tender check

Exhibit 12: Miles, Bauer, Bergstrom & Winters
LLP letter, dated 09/16/2011, to Red
Rock Financial Services transmittal
of tender check

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Exhibit 13: Notice of Foreclosure Sale

Exhibit 13: Notice of Foreclosure Sale

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Assessor Parcel Number: 176-05-813-041
File Number:
R68466
Property Address:
8970 Flying Frog Ave
Las Vegas, NV 89148

&

lnst #: 201209100001419
Fees: $18.00
N/C Fee: $0.00
09/1 0/2012 09:36:12 AM
Receipt#: 1301170
Requestor:
NORTH AMERICAN TITLE COMPAN
Recorded By: DXI Pgs: 2

DEBBIE CONWAY
CLARK COUNTY RECORDER

NOTICE OF FORECLOSURE SALE
UNDER THE LIEN FOR DELINQUENT ASSESSMENTS
Red Rock Financial Services is a debt collector and is attempting to collect a debt. Any
information obtained will be used for that purpose.

WARNING! A SALE OF YOUR PROPERTY IS IMMINENT!
UNLESS YOU PAY THE AMOUNT SPECIFIED IN THIS
NOTICE BEFORE THE SALE DATE, YOU COULD LOSE
YOUR HOM~, EVEN IF THE AMOUNT IS IN DISPUTE.
YOU MUST ACT BEFORE THE SALE DATE. IF YOU HAVE
ANY QUESTIONS, PLEASE CALL RED ROCK FINANCIAL
SERVICES AT [phone] or [phone]. IF
YOU
NEED
ASSISTANCE,
PLEASE
CALL
THE
FORECLOSURE
SECTION
OF THE
OMBUDSMAN'S
OFFICE, NEVADA REAL ESTATE DIVISION AT (877)
829-9907 IMMEDIATELY.
Red Rock Financial Services officially assigned as agent by the Venezia
Community Association under the Lien for Delinquent Assessments. YOU ARE IN
DEFAULT UNDER THE LIEN FOR DELINQUENT ASSESSMENTS, recorded on
06/06/2011, in Book Number 20110606, as Instrument Number 0002360 reflecting
UNLESS YOU TAKE
MICHAEL MOYER as the owner(s) of record on said lien.
ACTION TO PROTECT YOUR PROPERTY. IT MAY BE SOLD AT PUBLIC SALE. If
you need an explanation of the nature of the proceedings against you, you should
contact an attorney.
The Notice of Default and Election to Sell Pursuant to the Lien for Delinquent
Assessments was recorded on 07/26/2011, in Book Number 20110726, as Instrument
Number 0000731 of the Official Records in the Office of the Recorder.
NOTICE IS HEREBY GIVEN: That on 10/04/2012, at 10:00 a.m. at the
front entrance of the Nevada Legal News located at 930 South Fourth Street, Las
Vegas, Nevada 89101, that the property commonly known as 8970 Flying Frog Ave,
Las Vegas, NV 89148 and land legally described as VENEZIA UNIT-1 AT RHODES
RANCH PLAT BOOK 105 PAGE-97 LOT 74 of the Official Records in the Office of the
County Recorder of Clark County, Nevada, will sell at public auction to the highest
bidder, for cash payable at the time of sale in lawful money of the United Sales, by

CLARK,NV
Document: LN SLE 2012.0910.1419

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Station Id :REOR

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Assessor Parcel Number: 176-05-813-041
File Number:
R68466
Property Address:
8970 Flying Frog Ave
Las Vegas, NV 89148
cash, a cashier's check drawn by a state or national bank, a cashier's check drawn by
a state or federal credit union, state or federal savings and loan association or savings
association authorized to do business in the State of Nevada, in the amount of
$4,359.13 as of 09/07/2012, which includes the total amount of the unpaid balance
and reasonably estimated costs, expenses and advances at the time of the initial
publication of this notice. Any subsequent Association assessments, late fees interest,
expenses or advancements, if any, of the Association or its Agent, under the terms of
the Lien for Delinquent Assessments shall continue to accrue until the date of the sale.
The property heretofore described is being sold "as is".
The sale will be made without covenant or warranty, expressed or implied
regarding, but not limited to, title or possession, encumbrances, obligations to satisfy
any secured or unsecured liens or against all right, title and interest of the owner,
without equity or right of redemption to satisfy the indebtedness secured by said Lien,
with interest thereon, as provided in the Declaration of Covenants, Conditions and
Restrictions, recorded on 08/06/2002, in Book Number 20020806, as Instrument
Number 01138 of the Official Records in the Office of the Recorder and any
subsequent amendments or updates that may have been recorded.

Dat~September ~· 20~2 /
.qJ

/

I;rz,/.lo4_)_/._-(_~ --"

Prepared By Kimberlee Sibley,
Community Association

d Rock Financial Services, on behalf of Venezia

STATE OF NEVADA
COUNTY OF CLARK
On September 7, 2012, before me, personally appeared Kimberlee Sibley, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacity, and that by their signature on the
instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.

WITN~S my hand an~ial seal.

[)~1-L_J~

Reinstatement Information: [phone] or Sale Information: [phone]

When Recorded Mail To:
Red Rock Financial Services
7251 Amigo Street, Suite 100
Las Vegas, Nevada 89119
[phone] or [phone]

CLARK,NV
Document: LN SLE 2012.0910.1419

Page 2 of 2

ANNA ROMERO
Notary Public State of Nevada
No. 12-7487-1

appt. exp. Apr. 20 2016

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 79 of 150

Exhibit 14: Foreclosure Deed

Exhibit 14: Foreclosure Deed

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 80 of 150

/'

Mail Tax statement to:
Flying Frog Avenue Trust
900 S. Las Vegas Blvd, Suite 810
Las Vegas, NV 89101.

lnst #: 201302140001444
Fees: $18.00 N/C Fee: $25.00
RPTT: $33.15 Ex:#
02/14/2013 09:54:26 AM
Receipt#: 1497488
Requestor:
RESOURCES GROUP
JRecorded By: GILKS Pgs: 3

DEBBIE CONWAY

APN # 17 6-05-813-041

CLARK COUNTY RECORDER

FORECLOSURE DEED

The undersigned declares:

,//.:33. /J.-

Red Rock Financial Services, herein called agent for (Venezia Community Association), was
the duly appointed agent under that certain Lien for Delinquent Assessments, recorded
06/06/2011 as instrument number 0002360 Book 20110606, in Clark County. The previous
owner as reflected on said lien is MICHAEL MOYER. Red Rock Financial Services as
agent for Venezia Community Association does hereby grant and convey, but without
warranty expressed or implied to: Flying Frog Avenue Trust (herein called grantee),
pursuant to NRS 116.31162, 116.31163 and 116.31164, all its right, title and interest in and
to that certain property legally described as: VENEZIA UNIT-1 AT RHODES RANCH
PLAT BOOK 105 PAGE 97 LOT 74 which is commonly known as 8970 Flying Frog Ave,
Las Vegas, NV 89148.

AGENT STATES THAT:
This conveyance is made pursuant to the powers conferred upon agent by Nevada Revised
Statutes, the Venezia Cmmnunity Association governing documents (CC&R's) and that
certain Lien for Delinquent Assessments, described herein. Default occurred as set fmih in a
Notice of Default and Election to Sell, recorded on ·07/26/2011 as instmment number
0000731 Book 20110726 which was recorded in the office of the recorder of said county.
Red Rock Financial Services has complied with all requirements of law including, but not
limited to, the elapsing of90 days, mailing of copies of Lien for Delinquent Assessments and
Notice of Default and the posting and publication of the Notice of Sale. Said property was
sold by said agent, on behalf of Venezia Community Association at public auction on
02/04/2013, at the place indicated on the Notice of Sale. Grantee being the highest bidder at
such sale became the purchaser of said property and paid therefore to said agent the amount
bid $6,002.00 in lawful money of the United States, or by satisfaction, pro tanto, of the
obligations then secured by the Lien for Delinquent Assessment.
Dated: Febmary 7, 2013

cl(t/:;f/Mk
By: Kimberlee Sibley, employee
Community Association

CLARK,NV
Document: DED 2013.0214.1444

ock Financial Services, agent for Venezia

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 81 of 150

STATE OF NEVADA
· COUNTY OF CLARK

)
)

On February 7, 2013, before me, personally appeared Kimberlee Sibley, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacity, and that by their signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.

....

~(~

wnen Ktjcpraea Mall

U

10:

·_

Nymg J:<rog Avenue lrust
900 S. Las Vegas Blvd, Suite 810
Las Vegas, NV 89101

ELIZABETH CERNAK
Notary Public State of Newda

No.04·91116-1
My cppt, exp. July 25, 2016

CLARK,NV
Document: DED 2013.0214.1444

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Case 2:17-cv-01933-JCM-GWF Document 13-1 Filed 11/06/17 Page 82 of 150

STATE OF NEVADA
DECLARATION OF VALUE
L Assessor ParcelNumt;et{s)
a, 176-:05-813-0 .1

b.-'---'-'--~-------+

c.
2. d.}lp-.
_;.;...,.;e...;.of-P-ro_pert_;.;_y_,_.:--,-,--,..;...;,..--.-:----'---_--'---+~

~;~~:~:~se ::_·-~-·--~---~g;~e~ain. Rel
-

FOR RECORDERS QPUONALU~ ONLY
Book._ _ _ _ _ _ Page:._,___,_._ __

Apt Bldg
f; · · Comm'I/Ind'l
Date ofRC(lording: _----~-----:........._,.......----"Notes:
Agricultural
h.
Mobile. Home I
Other
3.a. Total Value/Sales Price ofProperty
i
$.:!6:..t,0:::.:0:::,:2::..:·~00~---------............,-'--..--.-'-.-'-b. Deed in .Lieu ofForeclosure Only (value of propeti,Y'-l..-,......,..-........,--.....,..~-__,.........,..~..._,---.,-,-2.)_c. Transfer Tax Valu_e:
$~6~,0::..::0~.2~.0::..::0::___ _ _ _~~+---.......,..~
d. Real Prop.erty Transfer Tax Due
$o..=3:.:3::.·.:. :15:::.. .__ _ _ _ _ _ _ _""'i..:.;._ __

e.

1

4~

If Exemption Clnuncd:
·a. Transfer Tax Exctilption perNRS 375.()90, Section...................._
b. Explain Reason for.Ex~!mptil)n: - - - ' - - - -

5: Partial Interest:Percentage being transferred:~ 'Yo
The undersigned declares and acknowledges., Qnder penalty ofpe!j11ry, pursuant Ul NRS 375!060
andNRS 3 75. n 0, that t:hc hlfonnation- provide,, il' C(liTCCt to the best of their inJonnation and hcliet:
and can besupporled by documentation if callecl upon to substantiate the informatiori providt:d herein._

f urthennore, the parties agree that disaiiO\vnnec !of ;my claimed exemption, or other .detennination-of
additional ta;< due, may result in a penalty of IO'Y.l oflhe tax due plu~ .interest at 1% per month. PtltsUartt
to NI{S 375.030, the Buyer ;md Seller shall bejt)inlly <ltld severatly liable ror anyadd[tiOr!aiamoum qwed,

1 ,.. ·• __ .

;r , nl. _~-- -_ 7

ff/VIl'Lt?ft-75: OP/ft;;,oJr IJF ....· _

'

si&•"•~!Qf&(ro~c.r•city' ~erNr;. li~G{~~tt-y
Signature--------"--------"----

·

Capacity:

SELLER £GRANTOR) INFORMATION
RJt/J ·ftQt.iL_Y!viWOIIJL ~efi..rAt~s

BlJVJ.:R <GRANTEE) JNI<'OUMATION

Print N;~ine: Cfo Venezia Community Assn.
Address: 7251 Amigo Street Suite 100

Print Naine: Flying

State:

NV -

Zip: 89101

Address; 900 S.

Frog Av~nue trust

LasVega~

City; Las Vegas .
State: NV

State: . A./ V

Blvd, Suite 810

zw:89101

Zip:

07'1_?3

AS A PUBLIGRECORD'THIS FORM MAY BE RECORDED/MICROFILMED

CLARK,NV
Document: DED 2013.0214.1444

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Exhibit 15: Declaration of Covenants, Conditions
and Restrictions for Venezia

Exhibit 15: Declaration of Covenants, Conditions
and Restrictions for Venezia

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