United States District Court, D. Nevada
before the court is defendant Monaco Landscape Maintenance
Association, Inc.'s (the “HOA”) motion to
dismiss. (ECF No. 13). Plaintiff Federal National Mortgage
Association (“Fannie Mae”) filed a response (ECF
No. 15), to which the HOA replied (ECF No. 17).
case involves a dispute over real property located at 3296
Lapis Beach Drive, Las Vegas NV 89117 (the
“property”). On May 17, 2006, Lang Tsoi and
Souriya Tsoi obtained a loan from Countrywide Home Loans,
Inc. in the amount of $324, 000.00 to purchase the property,
which was secured by a deed of trust recorded on May 30,
2006. (ECF No. 1).
2006, Fannie Mae acquired ownership of the loan. (ECF No. 1
at 5). Mortgage Electronic Registration Systems, Inc.
(“MERS”) assigned the deed of trust to BAC Home
Loans Servicing, LP fka Countrywide Home Loans Servicing LP
(“BAC”) via assignment of deed of trust recorded
September 3, 2009. (ECF No. 1 at 6). Plaintiff Bank of
America, N.A. (“BANA”) is successor by merger to
BAC as of July 1, 2011. (ECF No. 1 at 6).
November 6, 2012, defendant ATC Assessment Collection Group,
LLC (“ATC”), acting on behalf of Monaco Landscape
Maintenance Association, Inc. (the “HOA”),
recorded a notice of delinquent assessment lien, stating an
amount due of $855.97. (ECF No. 1 at 8). On December 7, 2012,
ATC recorded a notice of default and election to sell to
satisfy the delinquent assessment lien, stating an amount due
of $1, 701.51. (ECF No. 1 at 8).
December 27, 2012, BANA requested a ledger from the HOA/ATC
identifying the superpriority amount allegedly owed to the
HOA. (ECF No. 1). The HOA/ATC provided a ledger dated January
8, 2013, which set forth the total amount due, but not the
superpriority amount due. (ECF No. 1 at 9). BANA calculated
the superpriority amount to be $989.96 and tendered that
amount to ATC on January 31, 2013, which the HOA/ATC
allegedly refused. (ECF No. 1 at 9).
February 24, 2014, ATC recorded a notice of trustee's
sale, stating an amount due of $3, 448.43. (ECF No. 1). On
April 18, 2014, defendant Inception Investments LLC
(“Inception”) purchased the property at the
foreclosure sale for $21, 000.00. (ECF No. 1 at 8). A
trustee's deed upon sale in favor of Inception was
recorded on April 22, 2014. (ECF No. 1).
conservator did not consent to the HOA foreclosure sale. (ECF
No. 1 at 8).
December 23, 2016, Fannie Mae and BANA filed the underlying
complaint, alleging eight causes of action: (1) declaratory
relief under 12 U.S.C. § 4617(j)(3) against Inception;
(2) quiet title under 12 U.S.C. § 4617(j)(3) against
Inception; (3) declaratory relief under Amendments V and XIV
(BANA against all defendants); (4) quiet title under
Amendments V and XIV (BANA against Inception); (5)
declaratory judgment (BANA against all defendants); (6)
breach of NRS 116.1113 (BANA against the HOA and ATC); (7)
wrongful foreclosure (BANA against the HOA and ATC); and (8)
injunctive relief against Inception. (ECF No. 1).
January 17, 2017, Inception filed an answer and counterclaim
against Fannie Mae and BANA for quiet title and injunctive
relief, as well as for cancellation of instruments. (ECF No.
instant motion, the HOA moves to dismiss the claims against
it pursuant to Federal Rules of Civil Procedure 12(b)(1) and
12(b)(6). (ECF No. 13).
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 ...