United States District Court, D. Nevada
U.S. BANK NATIONAL ASSOCIATION, Plaintiff(s),
CANYON TRAILS HOMEOWNERS ASSOCIATION, et al., Defendant(s).
before the court is defendant Vegas Property Services,
Inc.'s (“VPS”) motion to dismiss. (ECF No.
10). Plaintiff U.S. Bank, National Association (“US
Bank”) filed a response (ECF No. 14), to which VPS
replied (ECF No. 15).
case involves a dispute over real property located at 7252
Quarterhorse Lane, Las Vegas, Nevada 89148 (the
“property”). On August 10, 2005, Ronald Reitz,
Jr. and Leah L. Kackstetter obtained a loan from Prado
Mortgage in the amount of $224, 000.00 to purchase the
property, which was secured by a deed of trust recorded on
August 16, 2005. (ECF No. 1).
March 30, 2012, defendant Terra West Collections Group LLC
d/b/a Assessment Management Services (“AMS”),
acting on behalf of defendant Canyon Trails Homeowners
Association (the “HOA”), recorded a notice of
delinquent assessment lien, stating an amount due of $808.56.
(ECF No. 1).
deed of trust was assigned to U.S. Bank via an assignment of
deed of trust recorded on August 8, 2012. (ECF No. 1).
September 17, 2012, AMS recorded a notice of default and
election to sell to satisfy the delinquent assessment lien,
stating an amount due of $1, 886.76. (ECF No. 1).
October 15, 2012, Bank of America, N.A. (“BANA”)
requested a ledger from the HOA/AMS identifying the
superpriority amount allegedly owed to the HOA. (ECF No. 1).
The HOA/AMS provided a ledger, but allegedly refused to
identify the superpriority amount. (ECF No. 1).
November 13, 2014, AMS recorded a notice of trustee's
sale, stating an amount due of $5, 489.72. (ECF No. 1).
calculated the superpriority amount to be $931.91 and
tendered that amount to AMS on November 15, 2012, which AMS
allegedly refused. (ECF No. 1).
December 8, 2014, VPS purchased the property at the
foreclosure sale for $85, 600.00. (ECF No. 1). A
trustee's deed upon sale in favor of VPS was recorded on
December 18, 2014. (ECF No. 1).
3, 2017, U.S. Bank filed the underlying complaint, alleging
four causes of action: (1) quiet title/declaratory judgment
against all defendants; (2) breach of NRS 116.1113 against
AMS and the HOA; (3) wrongful foreclosure against AMS and the
HOA; and (4) injunctive relief against VPS. (ECF No. 1).
instant motion, VPS moves to dismiss pursuant to Federal Rule
of Civil Procedure 12(b)(6). (ECF No. 10).
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 ...