JPMorgan Chase Bank, N.A. et al v. GDS Financial Services et al

Filing 40

ORDER Directing Judgment be Entered. Signed by Judge Andrew P. Gordon on 5/29/2018. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JPMORGAN CHASE BANK, N.A. and
FEDERAL HOME LOAN MORTGAGE
CORPORATION,

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Plaintiffs,

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Case No. 2:17-cv- 02451-APG-PAL
ORDER DIRECTING JUDGMENT BE
ENTERED

v.
GDS FINANCIAL SERVICES,
LEODEGARIO SALVADOR, SQUIRE
VILLAGE AT SILVER SPRINGS
COMMUNITY ASSOCIATION, GARY
MCCALL, and DIANA MCCALL,

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Defendants.

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I previously granted the plaintiffs’ motion for summary judgment and declared that the

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deed of trust still encumbers the property located at 5023 Droubay Drive in Las Vegas, Nevada.

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ECF No. 38. Given this ruling, I directed the parties to file a joint status report regarding what

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remains of the case. Id. at 6. Plaintiffs JPMorgan Chase Bank and Federal Home Loan Mortgage

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Corporation, along with defendant Squire Village at Silver Springs Community Association,

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contend nothing remains to adjudicate in this matter because I resolved the quiet title and

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declaratory relief claims, and the unjust enrichment claim was brought in the alternative but is

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now moot. ECF No. 39 at 1. These parties also contend there are no claims pending against

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defendants Gary and Diana McCall, who apparently did not respond to efforts to participate in the

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status report. Id. at 2. Defendant Leodegario Salvador asserts there remain issues to resolve

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because “the property at bar is excluded from the properties owned by the conservator as the loan

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is defective,” and defective loans “are bought back by the seller of the loan to either Freddie

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Mac/Fannie Mae. This loan is excluded from the loans that are preempted. It is not listed as

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owned by both Freddie Mac or Fannie Mae.” Id. at 2.

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I already addressed whether a genuine dispute remains regarding Freddie Mac’s

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ownership interest and Salvador’s arguments that the loan was “defective.” ECF No. 38 at 4.

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Consequently, no issues remain to be resolved.

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IT IS THEREFORE ORDERED that the clerk of court is instructed to enter a final

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declaratory judgment in favor of plaintiffs JPMorgan Chase Bank and Federal Home Loan

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Mortgage Corporation that the homeowners association’s non-judicial foreclosure sale conducted

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on September 26, 2012 did not extinguish Federal Home Loan Mortgage Corporation’s interest in

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the property located at 5023 Droubay Drive in Las Vegas, Nevada, and thus the property is

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subject to the deed of trust for which JPMorgan Chase Bank, N.A. is the current beneficiary of

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record.
DATED this 29th day of May, 2018.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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