Bank of America, N.A. v. Sierra Cedars Condominium Homeowners Association et al

Filing 34

ORDER - This action is stayed for a period of 90 days to allow the NRED mediation process to be completed. Signed by Judge Howard D. McKibben on 8/10/2016. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,

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Plaintiff,
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vs.
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SIERRA CEDARS CONDOMINIUM
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HOMEOWNERS ASSOCIATION, LVDG
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SERIES 200, LLC, THUNDER
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PROPERTIES, INC., and HAMPTON & )
HAMPTON COLLECTIONS, LLC,
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Defendant.
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_________________________________ )

3:16-cv-00127-HDM-WGC
ORDER

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This action concerns property located at 2201 Kietzke Lane #B,
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Reno, Nevada, 89502.

The property is within the Sierra Cedars

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Homeowners Association (“HOA”).

On or about July 28, 2006, Adrean

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L. Peek obtained a loan from non-party Home Mortgage Direct Lenders
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in the amount of $78,764.00, which was secured by a deed of trust
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recorded against the property.

Ultimately, the deed of trust was

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assigned to plaintiff via an assignment of deed of trust.
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After Peek became delinquent in paying the HOA assessments,
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the HOA, through its agent Hampton & Hampton Collections, LLC
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(“Hampton”), on August 28, 2012, recorded a notice of default and
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election to sell.

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could identify the amount of delinquent assessments, which Hampton

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provided.

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HOA.

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Plaintiff requested from the HOA a ledger so it

On October 25, 2012, plaintiff tendered $1,395.00 to the

No foreclosure sale took place at that time.
On August 14, 2013, the HOA, through Hampton, recorded another

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notice of default and election to sell.

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not make any payment to the HOA.

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through Hampton, recorded a notice of trustee’s sale.

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scheduled for January 23, 2014.

This time, plaintiff did

On December 13, 2013, the HOA,
The sale was

Defendant LVDG acquired the

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property at the sale for $5,400.00, and title to the property was

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later passed to defendant Thunder Properties, Inc. (“Thunder

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Properties”).

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On March 4, 2016, plaintiff initiated this action by filing a

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complaint against LDVG, Thunder Properties, the HOA, and Hampton.

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The complaint asserts four causes of action: (1) quiet title/

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declaratory judgment; (2) breach of Nev. Rev. Stat. § 116.1113

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against the HOA and Hampton; (3) wrongful foreclosure against the

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HOA and Hampton; and (4) injunctive relief against LVDG and

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Thunder.

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alternative, motion for summary judgment (ECF No. 15), and Hampton

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has filed a motion for summary judgment (ECF No. 9).

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The HOA has filed a motion to dismiss, or in the

Some of plaintiff’s causes of action are subject to the

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requirement under Nevada law that plaintiff submit any “claim

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relating to . . . [t]he interpretation, application or enforcement

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of any covenants, conditions or restrictions applicable to

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residential property or any bylaws, rules or regulations adopted by

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an association” to mediation before filing a civil suit.

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Rev. Stat. § 38.310.

See Nev.

Plaintiff has filed a claim for mediation
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pursuant to that provision with the State of Nevada Real Estate

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Division (“NRED”).

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20, 2015, however the form was not filed into NRED’s system until

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February 20, 2016.

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5, 2016, and filed its response on June 7, 2016, where mediation is

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still pending.

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Nevada law that mediation be completed within 60 days after the

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filing of the written claim, the court concludes this does not bar

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the parties from proceeding with mediation beyond that time period

Plaintiff submitted its claim form on November

The HOA was served with the claim form on May

While the court recognizes the provision under

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where no objections to mediation have been filed.

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the parties have not advised the court why the mediation has not

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been completed, although the record reflects the parties have

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agreed on the first available mediator.

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shall be stayed for a period of 90 days to allow the NRED mediation

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process to be completed.

In this case,

Therefore, this action

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IT IS SO ORDERED.

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DATED: This 10th day of August, 2016.

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____________________________
UNITED STATES DISTRICT JUDGE

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