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Wells Fargo Bank, N.A. v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

June 21, 2017

WELLS FARGO BANK, N.A., Plaintiffs,
v.
SFR INVESTMENTS POOL I, LLC, et al., Defendants.

          ORDER

         Presently 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.

         Also before the court is SFR's motion for partial summary judgment on an issue of law. (ECF No. 37).[1]

         I. Facts

         This 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).

         On 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).

         On 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).

         On 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)

         On 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).

         On May 9, 2017, the court entered an order dismissing Wells Fargo's claims without prejudice. (ECF No. 45).

         In the 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.

         II. Legal Standards

         A. Failure to State a Claim

         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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