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Ditech Financial LLC v. Paradise Springs One Homeowners Association

United States District Court, D. Nevada

March 13, 2017

DITECH FINANCIAL LLC, et al., Plaintiffs,
v.
PARADISE SPRINGS ONE HOMEOWNERS ASSOCIATION, et al., Defendants.

          ORDER

         Presently 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 reply.

         I. Facts

         This case involves a dispute over real property located at 5462 Birchbrook Court, Las Vegas, Nevada 89120 (the “property”).

         On 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. 1).

         The 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).

         On 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).

         On 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).

         On 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).

         On 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).

         In the instant motion, the HOA moves to dismiss these claims pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 7).

         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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