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Bank of America, N.A. v. Riverwalk Ranch Crossing Homeowners Association

United States District Court, D. Nevada

February 28, 2017

BANK OF AMERICA, N.A., Plaintiff,
v.
RIVERWALK RANCH CROSSING HOMEOWNERS ASSOCIATION, et al., Defendants.

          ORDER

          JAMES C. MAHAN UNITED STATES DISTRICT JUDGE

         Presently before the court is defendant Riverwalk Ranch Crossing Homeowners Association's (the “HOA”) motion to dismiss. (ECF No. 17). Plaintiff Bank of America, N.A. (“BANA”) filed a response (ECF No. 21), to which the HOA replied (ECF No. 22).

         I. Facts

         This case involves a dispute over real property located at 4508 Silverwind Road, North Las Vegas, Nevada (the “property”). On August 11, 2009, Alan Kolb obtained a loan in the amount of $191, 627.00 to purchase the property located at 4508 Silverwind Road, North Las Vegas, Nevada (the “property”). (ECF No. 1). The loan is guaranteed by the Department of Veterans Affairs Home Loan Guarantee Program. (ECF No. 1).

         On December 30, 2011, defendant Absolute Collection Services, LLC (“ACS”), acting on behalf of the HOA, recorded a notice of delinquent assessment lien, stating an amount due of $1, 281.91. (ECF No. 1).

         On February 10, 2012, ACS recorded a notice of default and election to sell to satisfy the delinquent assessment lien, stating an amount due of $2, 240.08. (ECF No. 1).

         On March 8, 2012, BANA requested a ledger from the HOA, which the HOA allegedly refused to provide. (ECF No. 1). The deed of trust was assigned to BANA via an assignment of deed of trust recorded on March 21, 2012. (ECF No. 1).

         On June 20, 2012, ACS recorded a notice of trustee's sale, stating an amount due of $3, 852.62. (ECF No. 1). On November 6, 2012, Val Grigorian purchased the property at the foreclosure sale for $6, 300.00. (ECF No. 1). A foreclosure deed in favor of Grigorian was recorded on November 8, 2012. (ECF No. 1).

         On September 21, 2016, BANA filed the underlying complaint, alleging four causes of action: (1) quiet title/declaratory judgment against all defendants; (2) breach of NRS 116.1113 against the HOA and ACS; (3) wrongful foreclosure against the HOA and ACS; and (4) injunctive relief against SFR. (ECF No. 1).

         In the instant motion, the HOA moves to dismiss arguing that the court lacks subject matter jurisdiction pursuant to Chapter 38 of the Nevada Revised Statutes and that BANA failed to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 17). The court will address each as it sees fit.

         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. at 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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