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Vita Bella Homeowners Association v. Federal National Mortgage Association et al

MOTION for Summary Judgment

21 Cited authorities

  1. Daniels-Hall v. National Educ. Ass'n

    629 F.3d 992 (9th Cir. 2010)   Cited 2,207 times   3 Legal Analyses
    Holding information made publicly available on official government websites appropriate for judicial notice

  2. Cervantes v. Countrywide Home Loans, Inc.

    656 F.3d 1034 (9th Cir. 2011)   Cited 1,435 times   3 Legal Analyses
    Holding plaintiffs failed to state wrongful foreclosure claim under Arizona law because they were "in default and ha[d] not identified damages"

  3. Kaiser Cement Corp. v. Fischbach Moore, Inc.

    793 F.2d 1100 (9th Cir. 1986)   Cited 1,136 times
    Stating that a court "must view the evidence and inferences therefrom in the light most favorable to the party opposing summary judgment."

  4. Disabled Rights Action v. Las Vegas Events

    375 F.3d 861 (9th Cir. 2004)   Cited 557 times
    Holding district court abused its discretion in joining defendant under FRCP 19 when plaintiff could get meaningful relief from the existing parties

  5. Edelstein v. Bank of N.Y. Mellon

    128 Nev. Adv. Op. 48 (Nev. 2012)   Cited 294 times   2 Legal Analyses
    Holding that MERS is capable of being a valid beneficiary of a deed of trust

  6. Zoslaw v. MCA Distributing Corp.

    693 F.2d 870 (9th Cir. 1982)   Cited 714 times
    Holding that the “flow of commerce ends when goods reach their intended destination”

  7. Valle Del Sol Inc. v. Whiting

    732 F.3d 1006 (9th Cir. 2013)   Cited 155 times
    Holding that the organizational plaintiffs had standing to challenge an Arizona law criminalizing "transporting . . . [or] harboring . . . an unauthorized alien" where plaintiffs' "core activities" included transporting and/or sheltering undocumented immigrants, and plaintiffs "therefore reasonably fear[ed]" that their volunteers and/or members would be deterred from participating in organizational activities, causing plaintiffs to divert funding to address their members' and volunteers' concerns about the law's effect

  8. Skylights LLC v. Byron

    112 F. Supp. 3d 1145 (D. Nev. 2015)   Cited 68 times   2 Legal Analyses
    Rejecting similar arguments because they “invert section 4617(j)'s requirement that a party attempting to foreclose on property of FHFA obtain its consent by placing the burden on FHFA to proactively protect its interest instead”

  9. Montierth v. Deutsche Bank (In re Montierth)

    131 Nev. Adv. Op. 55 (Nev. 2015)   Cited 64 times
    Holding that a note remains fully secured by a deed of trust when the record deed of trust beneficiary is in an agency relationship with the note holder

  10. Charest v. Fed. Nat'l Mortg. Ass'n

    9 F. Supp. 3d 114 (D. Mass. 2014)   Cited 26 times
    Finding that the unnamed party was not required under Fed. R. Civ. P. 19(B) and because it "has not claimed an interest in this suit by affidavit or otherwise."

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,751 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 13,016 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  13. Section 4617 - Authority over critically undercapitalized regulated entities

    12 U.S.C. § 4617   Cited 672 times   4 Legal Analyses
    Granting the FHFA the power to “operate” Fannie Mae and Freddie Mac and “to conduct all [of their] business”

  14. Section 116.3116 - Liens against units for assessments

    Nev. Rev. Stat. § 116.3116   Cited 701 times
    Granting superpriority to the portion of the HOA's lien comprised of "any charges incurred by the association on a unit pursuant to NRS 116.310312"

  15. Section 1717 - Federal National Mortgage Association and Government National Mortgage Association

    12 U.S.C. § 1717   Cited 80 times
    Creating Ginnie Mae

  16. Section 1719 - Secondary market operations

    12 U.S.C. § 1719   Cited 41 times
    Authorizing the Government National Mortgage Association to sell mortgage-backed securities

  17. Section 226.39 - Mortgage transfer disclosures

    12 C.F.R. § 226.39   Cited 53 times   1 Legal Analyses
    Establishing disclosure requirements