SFR Investments Pool 1, LLC v. PHH Mortgage Corporation ( 2023 )

1 WRIGHT, FINLAY & ZAK, LLP Christina V. Miller, Esq. 2 Nevada Bar No. 12448 Jory C. Garabedian, Esq. 3 Nevada Bar No. 10352 4 Stephanie Garabedian, Esq. Nevada Bar No. 9612 5 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 6 (702)475-7964; Fax: (702) 946-1345 cmiller@wrightlegal.net 7 jgarabedian@wrightlegal.net 8 sgarabedian@wrightlegal.net 9 Attorneys for Defendant PHH Mortgage Corporation 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 SFR INVESTMENTS POOL 1, LLC, 13 Case No.: 2:22-cv-00507-RFB-EJY Plaintiff, 14 15 v. ORDER GRANTING PHH MORTGAGE CORPORATION’S 16 PHH MORTGAGE CORPORATION; DOES MOTION TO DISMISS I through X; ROE BUSINESS ENTITIES I 17 through X, inclusive, 18 Defendants. 19 20 On September 5, 2023, this Court held a hearing on Defendant PHH Mortgage Corporation’s 21 (“PHH”) renewed motion to dismiss (“Motion”). ECF No. 42. The Court, having considered the 22 arguments of counsel made at the hearing and the written submissions by both PHH and Plaintiff SFR 23 Investments Pool 1, LLC, and for good cause shown, grants the Motion and dismisses this action with 24 prejudice. 25 The Court bases its ruling on its conclusion that neither the Notice of Default nor the “Notice 26 of Intent to Accelerate” letter made the loan “wholly due” under NRS 106.240. See LV Debt Collect, 27 LLC v. Bank of New York Mellon, No. 84174, 2023 WL 5490314 (Nev. Aug. 24, 2023); Daisy Tr. v. 1 ORDER 2 Based on the foregoing: 3 IT IS ORDERED that PHH’s Motion is GRANTED, and this action is dismissed in its 4 || entirety and with prejudice. 5 IT IS FURTHER ORDERED that the preliminary injunction this Court issued on April 29, 6 || 2022, enjoining the Deed-of-Trust foreclosure sale, ECF No. 20, is vacated. 7 IT IS FURTHER ORDERED that the lis pendens recorded against the Property on March 9, 8 || 2022 Unstrument No. 202203090002349) is cancelled, which has the same effect as expungement of 9 || the original lis pendens pursuant to NRS 14.015(5). This Order may be filed with the Clark County 10 || Recorder’s Office. 11 IT IS SO ORDERED. 13 ——————— ou RICHARD F. BOULWARE, II 14 UNITED STATES DISTRICT JUDGE 15 16 DATED: December 18, 2023 _ 17 18 Submitted by: Approved as to form and content by: 19 WRIGHT, FINLAY & ZAK, LLP HANKS LAW GROUP 20 || 4s/ Jory C. Garabedian /s/ Karen L. Hanks Christina V. Miller, Esq. Karen L. Hanks, Esq. 21 |) Nevada Bar No. 12448 Nevada Bar No. 9578 Jory C. Garabedian, Esq. Chantel M. Schimming, Esq. Nevada Bar No. 10352 Nevada Bar No. 8886 23 Stephanie Garabedian, Esq. Ana P. Murguia, Esq. Nevada Bar No. 9612 Nevada Bar No. 16284 24 7785 W. Sahara Ave., Suite 200 7625 Dean Martin Drive, Suite 110 95 Las Vegas, Nevada 89117 Las Vegas, Nevada 89139 Attorneys for Defendant Attorneys for Plaintiff PHH Mortgage Corporation SFR Investments Pool 1, LLC 27 28