United States District Court, D. Nevada
before the court is plaintiff/counterdefendant Wells Fargo
Bank, N.A.'s (“Wells Fargo”) motion to
dismiss. (ECF No. 33). Defendant/counterclaimant SFR
Investments Pool 1, LLC (“SFR”) filed a response
(ECF No. 38), to which Wells Fargo did not reply.
before the court is SFR's motion for partial summary
judgment on an issue of law. (ECF No. 37).
case involves a dispute over real property located at 1741
Choice Hills Drive, Henderson, Nevada 89012 (the
“property”). Theresa J. Wingender obtained a loan
from World Savings Bank FSB in the amount of $562, 500.00 to
purchase the property, which was secured by a deed of trust
recorded on June 23, 2003. (ECF No. 1). Wells Fargo is the
successor-in-interest to World Savings Bank FSB by merger.
(ECF No. 1).
January 17, 2007, Homeowner Association Services, Inc.
(“HASI”), acting on behalf of Foothills at
MacDonald Ranch Master Association (the “HOA”),
recorded a notice of delinquent assessment lien, stating an
amount due of $1, 194.00. (ECF No. 1). On August 16, 2011,
HASI recorded a notice of delinquent assessment lien, stating
an amount due of $19, 454.00. (ECF No. 1). On August 29,
2011, HASI recorded a notice of default and election to sell
to satisfy the delinquent assessment lien, stating an amount
due of $24, 129.69. (ECF No. 1). On August 12, 2013, HASI
recorded a notice of trustee's sale, stating an amount
due of $33, 877.90. (ECF No. 1).
September 26, 2013, SFR purchased the property at the
foreclosure sale for $56, 000.00. (ECF No. 1). A
trustee's deed upon sale in favor of SFR was recorded on
January 14, 2014. (ECF No. 1).
September 26, 2016, Wells Fargo filed the underlying
complaint, alleging six causes of action: (1) declaratory
relief under the Takings Clause of the Fifth Amendment
against all defendants; (2) declaratory relief under the Due
Process Clause of the Fifth and Fourteenth Amendments against
all defendants; (3) wrongful foreclosure against all
defendants; (4) violation of NRS 116.1113 against the HOA and
HASI; (5) unjust enrichment against the HOA and SFR; and (6)
quiet title against all defendants. (ECF No. 1)
January 6, 2017, SFR filed a counterclaim against Wells Fargo
and a crossclaim against Transunion Settlement Solutions for
quiet title and injunctive relief. (ECF No. 18).
9, 2017, the court entered an order dismissing Wells
Fargo's claims without prejudice. (ECF No. 45).
instant motions, Wells Fargo moves to dismiss SFR's
counterclaims pursuant to Federal Rule of Civil Procedure
12(b)(6) (ECF No. 33), and SFR moves for partial summary
judgment on an issue of law (ECF No. 37). The court will
address each in turn.
Failure to State a Claim
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 ...