United States District Court, D. Nevada
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., Plaintiff,
SFR INVESTMENTS POOL 1 LLC, Defendant.
C. MAHAN, UNITED STATES DISTRICT JUDGE
before the court is defendant SFR Investments Pool 1,
LLC's (“SFR”) motion to dismiss. (ECF No.
13). Plaintiff Deutsche Bank National Trust Company, as
trustee for Ameriquest Mortgage Securities Inc., asset-backed
pass-through certificates, series 2004-R8 (“Deutsche
Bank”) filed a response (ECF No. 14), to which SFR
replied (ECF No. 15).
before the court is SFR's motion to certify a question of
law to the Nevada Supreme Court. (ECF No. 16). Deutsche Bank
filed a response (ECF No. 17), to which SFR replied (ECF No.
case involves a dispute over real property located at 9302
Orchid Pansy Avenue, Las Vegas, Nevada 89148 (the
January 10, 2003, Alan Heck obtained a loan in the amount of
$259, 000.00 from Ameriquest Mortgage Company to purchase the
property, which was secured by a deed of trust recorded on
July 9, 2004. (ECF No. 1). The deed of trust was assigned to
Deutsche Bank via a corporate assignment of deed of trust
recorded February 28, 2012. (ECF No. 1).
April 24, 2012, Asset Management Services (“AMS”)
acting on behalf of The Villas Community Association (the
“HOA”), recorded a notice of delinquent
assessment lien. (ECF No. 1). On February 11, 2014, AMS
recorded a notice of default and election to sell to satisfy
the delinquent assessment lien. (ECF No. 1).
7, 2014, Ocwen Loan Servicing, LLC requested a payoff for
delinquent assessments from AMS on behalf of Deutsche Bank,
to which AMS allegedly failed or refused to provide. (ECF No.
1). Deutsche Bank alleges that it was unable to tender the
superpriority portion of the lien as a result. (ECF No. 1).
August 20, 2014, AMS recorded a notice of trustee's sale.
(ECF No. 1). On September 12, 2014, SFR purchased the
property at the foreclosure sale for $56, 000.00. (ECF No.
1). A foreclosure deed in favor of SFR was recorded on
September 26, 2014. (ECF No. 1).
August 1, 2016, Deutsche Bank filed a complaint against SFR,
alleging three cause of action: (1) quiet title/declaratory
relief; (2) injunctive relief; and (3) unjust enrichment.
(ECF No. 1).
instant motion, SFR moves to dismiss the complaint pursuant
to Federal Rule of Civil Procedure 12(b)(7), arguing that
Deutsche Bank failed to join an indispensable party,
specifically, the HOA. (ECF No. 13).
Legal Standard & Discussion
Nevada law, “[a]n action may be brought by any person
against another who claims an estate or interest in real
property, adverse to the person bringing the action for the
purpose of determining such adverse claim.” Nev. Rev.
Stat. § 40.010. “A plea to quiet title does not
require any particular elements, but each party must plead
and prove his or her own claim to the property in question
and a plaintiff's right to relief therefore depends on
superiority of title.” Chapman v. Deutsche Bank
Nat'l Trust Co., 302 P.3d 1103, 1106 (Nev. 2013)
(citations and internal quotation marks omitted). Therefore,
for plaintiff to succeed on its quiet title action, it needs
to show that its claim to the property is superior to all
others. See also Breliant v. Preferred Equities
Corp., 918 P.2d 314, 318 (Nev. 1996) (“In a quiet
title action, the burden of proof rests with the plaintiff to
prove good title in himself.”).
Federal Rule of Civil Procedure 19(a), a party must be joined
as a “required” party in two circumstances: (1)
when “the court cannot accord complete relief among
existing parties” in that party's absence, or (2)
when the absent party “claims an interest relating to
the subject of the action” and resolving the action in
the person's absence may, as a practical matter,
“impair or impede the person's ability to protect
the interest, ” or may “leave an existing party