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Bank of America, N.A. v. Antelope Homeowners' Association

United States District Court, D. Nevada

January 30, 2017

BANK OF AMERICA, N.A., Plaintiffs,
v.
ANTELOPE HOMEOWNERS' ASSOCIATION, et al., Defendants.

          ORDER

         Presently 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).

         I. Facts

         This case involves a dispute over real property located at 7828 Garden Rock St., Las Vegas, NV 89149 (the “property”).

         On July 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).

         On June 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).

         On 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).

         On 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).

         The 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).

         On 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. 1).

         In the 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).

         II. Legal Standard

         A court 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).

         “Factual 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).

         In 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 ...


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