United States District Court, D. Nevada
before the court is defendant Paradise Springs One Homeowners
Association's (the “HOA”) motion to dismiss.
(ECF No. 7). Plaintiffs Ditech Financial LLC f/k/a Green Tree
Servicing, LLC (“Green Tree”) and Federal
National Mortgage Association (“Fannie Mae” and
collectively, with Green Tree, as “plaintiffs”)
filed a response (ECF No. 12), to which the HOA did not
case involves a dispute over real property located at 5462
Birchbrook Court, Las Vegas, Nevada 89120 (the
August 28, 2003, Emily Razzano obtained a loan from
Countrywide Home Loans, Inc. in the amount of $175, 200.00 to
purchase the property, which was secured by a deed of trust
recorded September 5, 2003. (ECF No. 1). Plaintiff Fannie Mae
acquired ownership of the loan in September 2003. (ECF No.
deed of trust was assigned to BAC Home Loans Servicing, LP
fka Countrywide Home Loans Servicing, LP (“BAC”)
via an assignment of deed of trust recorded on May 18, 2011.
(ECF No. 1). Effective July 1, 2011, BAC merged into Bank of
America, N.A. (“BANA”). (ECF No. 1). BANA
assigned the deed of trust to Green Tree via an assignment
deed recorded on July 9, 2013. (ECF No. 1).
September 22, 2011, defendant Nevada Association Services,
Inc. (“NAS”), acting on behalf of the HOA,
recorded a notice of delinquent assessment lien, stating an
amount due of $ 2, 868.40. (ECF No. 1). On November 17, 2011,
NAS recorded a notice of default and election to sell to
satisfy the delinquent assessment lien, stating an amount due
of $ 4, 641.50. (ECF No. 1).
December 19, 2011, BANA requested a ledger from NAS and
offered to pay the superpriority amount of the lien, of which
NAS allegedly refused to provide. (ECF No. 1). BANA did not
tender the amounts due under the HOA's claimed lien. (ECF
No. 1 at 9).
April 2, 2012, NAS recorded a notice of sale, stating an
amount due of $7, 820.67. (ECF No. 1). On May 4, 2012, the
HOA purchased the property at the foreclosure sale for $9,
280.67. (ECF No. 1). The foreclosure deed was recorded on May
31, 2012. (ECF No. 1). The HOA transferred the property to
defendants Annabel Barber and Robert Wang for “$1.00
and a peppercorn” via a quitclaim deed recorded August
25, 2015. (ECF No. 1).
December 15, 2016, plaintiffs filed the underlying complaint.
(ECF No. 1). Specifically, as to the HOA, the complaint
alleges claims for breach of NRS 116.1113, wrongful
foreclosure, and declaratory relief. (ECF No. 1).
instant motion, the HOA moves to dismiss these claims
pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF
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. at 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 ...