Chapman v. Deutsche Bank Nat'l Trust Co.Annotate this Case
This dispute arose out of a nonjudicial foreclosure proceeding that Respondent bank initiated against a home owned by Appellants. Respondent purchased the home at the trustee's sale. When Appellants did not vacate, Respondent filed an unlawful detainer action. Appellants responded by filing a complaint seeking to quiet title to the property, alleging that Respondent did not own the promissory note or deed of trust and had foreclosed without proper notice under Nev. Rev. Sat. 107.080, invalidating the trustee's sale. Respondent filed a motion to dismiss Appellants' complaint, which the federal district court granted. Appellants appealed, arguing that the district court should not have ruled on the motion dismiss because the prior-exclusive-jurisdiction doctrine required the federal court to abstain in favor of the earlier-filed unlawful detainer action. The federal court agreed that if both the quiet title action and the unlawful detainer action were characterized as in rem or quasi in rem, then the court was required to vacate the district court's dismissal of the quiet title action. The Nevada Supreme Court accepted certification to answer the characterization of the parties' actions and held that quiet title and unlawful detainer proceedings are in rem or quasi in rem in nature.