United States District Court, D. Nevada
U.S. BANK, N.A., Plaintiff(s),
SFR INVESTMENTS POOL 1, LLC, Defendant(s).
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).
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
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).
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).
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).
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).
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).
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).
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).
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).
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 ...