United States District Court, D. Nevada
U.S. BANK NATIONAL ASSOCIATION, Plaintiff,
SATICOY BAY LLC, SERIES 5526 MOONLIGHT GARDEN STREET Defendant.
C. MAHAN UNITED STATES DISTRICT JUDGE.
before the court is defendant Saticoy Bay LLC, Series 5526
Moonlight Garden Street's motion to dismiss. (ECF No. 6).
Plaintiff USROF III Legal Trust 2015-1, by U.S. Bank, N.A.,
as legal title trustee filed a response (ECF No. 10), to
which defendant replied (ECF No. 11).
case involves a dispute over real property located at 5526
Moonlight Garden Street, Las Vegas, Nevada 89130 (the
29, 2009, Charles and Danielle Bohannan (the
“Bohannans”) obtained a loan in the amount of
$235, 653.00 and insured by the Federal Housing
Administration (“FHA”) to purchase the property.
(ECF No. 1 at 3). On that same day, the Bohannans executed a
deed of trust identifying Pulte Mortgage, LLC as the lender,
Mortgage Electronic Registration Systems, Inc.
(“MERS”) as the beneficiary, and First American
Title as the trustee. (ECF No. 1 at 3).
December 3, 2010, Nevada Association Services, Inc.
(“NAS”), as the trustee of the homeowners'
association (the “HOA”), recorded a notice of
delinquent assessment lien. (ECF No. 1 at 4). On July 26,
2011, NAS recorded a notice of default and election to sell
to satisfy the delinquent assessment lien. (ECF No. 1 at 4).
February 29, 2012, NAS recorded a notice of trustee's
sale. (ECF No. 1 at 4). Moonlight Garden Street Trust
purchased the property for $4, 000.00 at the foreclosure
sale. (ECF No. 1 at 4-5). On September 30, 2013, the property
was conveyed to defendant without consideration pursuant to a
grant bargain sale deed. (ECF No. 1 at 5).
October 1, 2015, U.S. Bank, N.A., as trustee for SROF-2013-83
REMIC Trust 1 assigned the deed of trust and note to
plaintiff. (ECF No. 1 at 3-4).
15, 2016, plaintiff filed a complaint alleging three causes
of action: (1) quiet title/declaratory relief; (2) a
preliminary injunction; and (3) unjust enrichment. (ECF No.
1). Plaintiff alleges that it tendered the superpriority
portion of the HOA lien, thereby exercising its right to
cure. (ECF No. 1). Plaintiff maintains that its tender
eliminated the superpriority portion of the HOA lien,
resulting in the property being purchased subject to
plaintiff's deed of trust. (ECF No. 1). Plaintiff further
alleges that the foreclosure sale and notices failed to
comply with Chapter 116 of the Nevada Revised Statutes. (ECF
instant motion, defendant moves to dismiss the complaint for
failure to state a claim pursuant to Federal Rule of Civil
Procedure 12(b)(6). (ECF No. 6).
may dismiss a complaint for “failure to state a claim
upon which relief can be granted.” Fed.R.Civ.P.
12(b)(6). A properly pled complaint must provide “[a]
short and plain statement of the claim showing that the
pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2);
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007). While Rule 8 does not require detailed factual
allegations, it demands “more than labels and
conclusions” or a “formulaic recitation of the
elements of a cause of action.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
allegations must be enough to rise above the speculative
level.” Twombly, 550 U.S. at 555. Thus, to
survive a motion to dismiss, a complaint must contain
sufficient factual matter to “state a claim to relief
that is plausible on its face.” Iqbal, 556
U.S. 662, 678 (citation omitted).
Iqbal, the Supreme Court clarified the two-step
approach district courts are to apply when considering
motions to dismiss. First, the court must accept as true all
well-pled factual allegations in the complaint; however,
legal conclusions are not entitled to the assumption of
truth. Id. at 678-79. Mere recitals of the ...