First American Trustee Servicing Solutions, LLC, et al. v. Dennis Baham

Las Vegas, Nevada consumer credit lawyer represented the Defendant in a foreclosure action.



Baham's home was foreclosed on in February 2020 after several unsuccessful foreclosure mediation proceedings. Following the foreclosure, Baham was unsuccessful in challenging the foreclosure proceedings in several lawsuits both in Nevada state court and federal court. In the underlying case, Baham filed a complaint in February 2023 against respondents First American Trustee Servicing Solutions, LLC, and NewRez Home Mortgages, LLC, d/b/a Shellpoint Mortgage Servicing, LLC, alleging various causes of action related to the foreclosure proceedings, which he maintained were wrongful, and seeking injunctive relief and to quiet title.



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Headnote



CIVIL PROCEDURE. MOTION TO DISMISS. The case involves an appeal from a district court's order granting a motion to dismiss due to the appellant's failure to oppose the motion and claims being barred by claim preclusion.



CIVIL PROCEDURE. CLAIM PRECLUSION. The court addressed whether the appellant's failure to challenge the district court's alternative ground for dismissal, specifically claim preclusion, constituted a waiver of the appeal.



CIVIL PROCEDURE. POST-APPEAL MOTIONS. The appeal considered arguments relating to the denial of post-notice of appeal motions to reconsider and for default judgment, focusing on procedural propriety and timing.

Affirmed on appeal.