United States District Court, D. Nevada
before the court is defendant Antelope Homeowners'
Association's (the “HOA”) motion to dismiss.
(ECF No. 19). Plaintiff Bank of America, N.A.
(“BANA”) filed a response (ECF No. 24), to which
the HOA replied (ECF No. 27).
case involves a dispute over real property located at 7828
Garden Rock St., Las Vegas, NV 89149 (the
2, 2008, Tony Barrios, Justo Barrios, and Kristina Barrios
obtained a loan from Universal American Mortgage Company, LLC
in the amount of $214, 621.00, which was secured by a deed of
trust recorded on July 14, 2008. (ECF No. 1 at 3-4). The note
and deed of trust are insured by the Federal Housing
Administration (“FHA”). (ECF No. 1 at 4).
25, 2009, defendant Alessi & Koenig, LLC
(“A&K”), acting on behalf of the HOA,
recorded a notice of delinquent assessment lien, stating an
amount due of $1, 002.74. (ECF No. 1 at 4). On August 31,
2009, A&K recorded a notice of default and election to
sell to satisfy the delinquent assessment lien, stating an
amount due of $1, 921.79. (ECF No. 1 at 4).
August 9, 2010, A&K recorded a notice of trustee's
sale, stating an amount due of $4, 078.25 and scheduling the
trustee's sale for September 8, 2010. (ECF No. 1 at 4).
March 2, 2011, Las Vegas Development Group, LLC
(“LVDG”) purchased the property at the
foreclosure sale for $4, 666.00. (ECF No. 1 at 5). A
foreclosure deed in favor of LVDG was recorded on March 11,
2011. (ECF No. 1 at 5).
deed was assigned to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP (“BAC”) via
an assignment deed. (ECF No. 1 at 4). BAC merged into BANA
effective July 1, 2011. (ECF No. 1 at 4).
March 2, 2016, BANA filed the underlying complaint, alleging
four claims for relief: (1) quiet title/declaratory judgment
against all defendants; (2) breach of NRS 116.1113 against
the HOA and A&K; (3) wrongful foreclosure against the HOA
and A&K; and (4) injunctive relief against LVDG. (ECF No.
instant motion, the HOA moves to dismiss BANA's claims,
arguing that the claims are time-barred by the statute of
limitations and that BANA's failure to comply with NRS
38.310 deprives the court of subject matter jurisdiction.
(ECF No. 19).
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 ...