Opinion
2:22-cv-00678-RFB-BNW
08-30-2023
COLLEGIUM FUND LLC SERIES #31, a Nevada limited liability company, Plaintiff, v. NEWREZ LLC F/K/A NEW PENN FINANCIAL, LLC, D/B/A SHELLPOINT MORTGAGE SERVICING; QUALITY LOAN SERVICE CORPORATION; DOE individuals I through XX; and ROE CORPORATIONS I through XX, Defendants.
ORDER DIRECTING ENTRY OF JUDGMENT IN CIVIL CASE
The Court granted the motion to dismiss [ECF No. 23] filed by NewRez LLC f/k/a New Penn Financial, LLC, d/b/a Shellpoint Mortgage Servicing (Shellpoint) on January 20, 2023 [ECF No. 45]. Collegium Fund LLC Series #31 failed to amend its complaint to seek damages for any alleged violations of NRS 107.200 et seq. within thirty days as ordered by the Court. Accordingly,
IT IS HEREBY ORDERED that judgment be entered in favor of Newrez LLC f/k/a New Penn Financial, LLC, d/b/a and against Collegium Fund LLC Series #31 on all claims as follows: It is hereby declared that NRS 106.240 did not terminate the deed of trust recorded against the property located at 2220 Mediterranean Sea Avenue, North Las Vegas, Nevada, as instrument number 20100329-0000114. Collegium Fund LLC Series #31 failed to plausibly allege a wrongful-foreclosure claim premised on a violation of NRS § 107.200 et seq., and it has also failed to timely assert a well-pled claim under NRS 107.200 et seq., thereby abandoning any claim seeking damages for the violation of NRS 107.200 et seq. alleged in this case.
IT IS FURTHER ORDERED this case be DISMISS ED WITH PREJUDICE.