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U.S. Bank N.A. v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

June 21, 2017

U.S. BANK, N.A., Plaintiff(s),
v.
SFR INVESTMENTS POOL 1, LLC, Defendant(s).

          ORDER

         Presently before the court is crossdefendant Mortgage Electronic Registration Systems, Inc.'s (“MERS”) motion to dismiss (ECF No. 34), to which plaintiff U.S. Bank, N.A. (“US Bank”) joined (ECF No. 39). Defendant SFR Investments Pool, LLC (“SFR”) filed a response (ECF No. 45), to which MERS replied (ECF No. 51).

         I. Facts

         This case involves a dispute over real property located at 2830 Bridleton Avenue, North Las Vegas, Nevada 89081 (the “property”). On July 21, 2005, Vichearith Khuon obtained a loan in the amount of $276, 150.00 from crossdefendant Universal American Mortgage Company, LLC (“UAMC”) to purchase the property, which was secured by a deed of trust recorded on July 25, 2005. (ECF No. 1).

         On November 17, 2009, Alessi & Koenig, LLC (“A&K”), acting on behalf of Azure Manor Rancho De Paz Homeowner Association (the “HOA”), recorded a notice of delinquent assessment lien. (ECF No. 1). On January 14, 2010, A&K recorded a notice of default and election to sell to satisfy the delinquent assessment lien. (ECF No. 1).

         On February 8, 2010, A&K recorded another notice of default and election to sell to satisfy the delinquent assessment lien. (ECF No. 1). On September 16, 2010, A&K recorded a notice of trustee's sale. (ECF No. 1).

         On November 9, 2010, A&K faxed Bank of America, N.A. (“BANA”) a copy of a payoff for the HOA lien. (ECF No. 1 at 5). On November 22, 2010, BANA wired $495.00 to Miles, Bauer, Bergstrom, Winters LLP to pay the superpriority lien. (ECF Nos. 1 at 5; 23 at 14).

         On December 13, 2011, MERS executed an assignment of deed of trust, which was recorded on December 15, 2011, assigning the deed of trust to U.S. Bank. (ECF No. 1 at 3).

         On August 14, 2012, A&K recorded another notice of trustee's sale. (ECF No. 1 at 4). On September 12, 2012, SFR purchased the property at the foreclosure sale for $7, 500.00. (ECF No. 1). A trustee's deed upon sale in favor of SFR was recorded on September 24, 2012. (ECF No. 1).

         On August 11, 2015, U.S. Bank filed the underlying complaint, alleging two causes of action: (1) quiet title/declaratory judgment against SFR; and (2) injunctive relief against SFR. (ECF No. 1).

         On July 7, 2016, SFR filed a counterclaim against U.S. Bank and a crossclaim against MERS, UAMC, and Khuoion for quiet title and declaratory relief, injunctive relief, and slander of title (against U.S. Bank). (ECF No. 23).

         In the instant motion, MERS moves to dismiss SFR's crossclaims against it (claims 1 and 2) pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 34).

         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 ‚Äústate a claim to relief that is ...


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