Corn v. Reconstruct Company, et al

Filing 32

ORDER. IT IS ORDERED that P's 26 Motion for Reconsideration is DENIED. Signed by Chief Judge Robert C. Jones on 9/8/2011. (Copies have been distributed pursuant to the NEF - PM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DAVID C. CORN,
Plaintiff,

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v.

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RECONTRUST COMPANY, N.A., et al.,
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Defendants.
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3:10-cv-136-RCJ-VPC
ORDER

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Currently before the Court is Plaintiff David C. Corn’s motion for reconsideration (#26).
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On March 24, 2011, this Court granted Defendants BAC Home Loans Servicing LP,
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Recontrust Company, N.A., Federal National Mortgage Association (“Fannie Mae”), Bank of
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America, N.A. (successor by merger to Countrywide Bank, F.S.B.), and Mortgage Electronic
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Registration Sys. Inc.’s (collectively “Defendants”) motion to dismiss (#3) in its entirety without
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leave to amend. (Order (#24) at 9-10). The Court found that the proper entities foreclosed
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in this case. (Id. at 9).
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On March 30, 2011, Plaintiff filed a motion for reconsideration.

(Mot. for

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Reconsideration (#26)). He asserts that Defendants did not substantially comply with the
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provisions of NRS § 107.080 because Recontrust stated that it had sold the property on
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September 23, 2009 to the highest bidder for cash even though that was untrue. (Id. at 2).
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He argues that Fannie Mae did not become the “of-record” beneficiary of the note and deed
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of trust until 29 days after the September 23, 2009 trustee’s sale. (Id.). He contends that it
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was impossible for Fannie Mae to enter a credit bid as a non-beneficiary of the note and deed
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of trust 30 days before it had been assigned the note and deed of trust on October 22, 2009.

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(Id.). He appears to argue that Defendants did not substantially comply with NRS § 107.080

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because Fannie Mae did not pay cash at the foreclosure sale and had no right to enter into

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a credit bid. (Id. at 4). Plaintiff does not cite to any law to support his argument. (See id. at

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1-5).

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In response, Defendants argue that Plaintiff’s argument lacks legal support and notes

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that Plaintiff made this argument to the Court before. (Opp’n to Mot. for Reconsideration (#28)

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at 2). Defendants assert that Plaintiff has not presented any new evidence or law and has not

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demonstrated any manifest errors in the Court’s order. (Id. at 4).

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A motion to reconsider must set forth “some valid reason why the court should

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reconsider its prior decision” and set “forth facts or law of a strongly convincing nature to

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persuade the court to reverse its prior decision.” Frasure v. United States, 256 F.Supp.2d

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1180, 1183 (D. Nev. 2003). Reconsideration is appropriate if this Court “(1) is presented with

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newly discovered evidence, (2) committed clear error or the initial decision was manifestly

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unjust, or (3) if there is an intervening change in controlling law.” Sch. Dist. No. 1J v. Acands,

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Inc., 5 F.3d 1255, 1263 (9th Cir. 1993). “A motion for reconsideration is not an avenue to

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re-litigate the same issues and arguments upon which the court already has ruled.” Brown v.

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Kinross Gold, U.S.A., 378 F.Supp.2d 1280, 1288 (D. Nev. 2005).
In this case, Plaintiff has not presented this Court with any newly discovered evidence

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or demonstrated an intervening change in controlling law.

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demonstrated that the Court committed clear error in finding that the proper entities foreclosed

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in this case and substantially complied with NRS § 107.080 in doing so. Moreover, Plaintiff

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has not cited any law for the proposition that Fannie Mae could not enter into a credit bid at

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the foreclosure sale. As such, the Court denies the motion for reconsideration (#26).

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Additionally, he has not

CONCLUSION

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For the foregoing reasons, IT IS ORDERED that Plaintiff’s Motion for Reconsideration
(#26) is DENIED.

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DATED: This _____ day of September, 2011.
8th

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_________________________________
United States District Judge

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