Yunis

ORDER GRANTING THE GOVERNMENT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING THE PLAINTIFF AND COUNTERDEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

I.

Introduction

In this quiet title action under 28 USC § 2409 (a), plaintiff Yunis seeks to quiet title to real property that he purchased at a non-judicial foreclosure sale initiated by Sky Meadow Association (“Sky Meadow”) when defendant United States Department of Veterans Affairs (“VA”) failed to pay association assessment fees. Plaintiff and counterdefendants Sky Meadow and Coast Assessment Service Company (“Coast Assessment”) maintain that the sale was authorized under Sky Meadow’s Declaration of Covenants, Conditions, and Restrictions (“CC & R’s”) and state law. Plaintiff further argues that because the sale was authorized by state law and sanctioned by federal law, the trustee’s sale terminated the VA’s rights to the property.

Although the VA does not dispute that the non-judicial foreclosure sale complied with state law, it challenges the propriety of Sky Meadow selling property owned by the United States. The VA contends that under the Property and Supremacy Clauses of the Constitution, only the United States can sell or…