Ocwen Loan Servicing, LLC v. SFR Investments Pool 1, LLC et al, No. 2:2017cv01757 - Document 66 (D. Nev. 2019)
Court Description: ORDER granting 56 Motion for Summary Judgment. Summary judgment is entered in favor of Ocwen on its Federal Foreclosure Bar-based quiet-title claims and on SFR's counterclaims; ORDER granting in part 57 Motion for Summary Judgment. Ocwen's remaining claims are DISMISSED; Signed by Judge Jennifer A. Dorsey on 8/25/2019. (Copies have been distributed pursuant to the NEF - JM)
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Dockets.Justia.com UNITED STATES DISTRICT COURT DISTRICT OF NEVADA Order Granting Summary Judgment in Favor of Plaintiff on Federal Foreclosure Bar, Dismissing Remaining Claims, and Closing Case Ocwen Loan Servicing, LLC v. SFR Investments Pool 1, LLC et al Doc. 66 Background Id. SFR Invs. Pool 1 v. U.S. Bank SFR Investments Pool 1 v. U.S. Bank SFR See Berezovsky v. Moniz Berezovsky Id. LLC Ass’n Saticoy Bay LLC Series 9641 Christine View v. Fed. Nat’l Mortg. Ass’n See Nationstar Mortg., LLC v. SFR Invs. Pool 1, Bank of Am., N.A. v. Arlington W. Twilight Homeowners Bourne Valley Court Trust v. Wells Fargo Bank Shadow Wood Homeowners Association, Inc. v. New York Community Bancorp Bourne Valley Court Trust v. Wells Fargo Bank Bourne Valley See Shadow Wood Homeowners Ass’n, Inc. v. New York Cmty. Bancorp Id see also Bourne Valley Discussion A. Standards for crossmotions for summary judgment Celotex Corp. v. Catrett Celotex Devereaux v. Abbey Anderson v. Liberty Lobby, Inc. 60 Minutes, C.A.R. Transp. Brokerage Co. v. Darden Restaurants, Inc. Houghton v. South Auvil v. CBS B. Ocwen’s claims are timely. Intel Corp. v. Hartford Accident & Indem. Co. See, e.g., Lujan v. National Wildlife Fed’n Celotex Celotex any FHFA v. LN Management LLC, Series 2937 Barboursville Id See Fed. Hous. Fin. Agency v. LN Mgmt. LLC, Series 2937 Barboursville liability C. The Federal Foreclosure Bar saved the deed of trust from extinguishment. Id See See supra Shadow Wood HOA see Berezovsky v. Moniz Bourne Valley See generally Berezovsky Statement on HOA Super-Priority Lien Foreclosures See See Daisy Trust v. Wells Fargo Bank, N.A Daisy Trust Id See also Berezovsky Daisy Trust v. Wells Fargo Bank, N.A. Daisy Trust Daisy Trust Daisy Trust Id Daisy Trust Id Id Id. Shadow Wood Shadow Wood Berezovsky Berezovsky D. SFR is entitled to summary judgment on Ocwen’s Bourne Valley claim. Bourne Valley Court Trust v. Wells Fargo Bank Shadow Wood Bourne Valley Bourne Valley Conclusion [ECF No. 56] is GRANTED. Summary judgment is entered in favor of Ocwen on its Federal Foreclosure Bar-based quiet-title claims and on SFR’s counterclaims. [ECF No. 57] is GRANTED in part: Ocwen’s remaining claims are DISMISSED. quoting Bourne Valley SFR Invs. Pool 1, LLC v. Bank of New York Mellon Arlington W. Twilight Homeowners Ass’n DECLARING that
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