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U.S. Bank, National Association v. Canyon Trails Homeowners Association

United States District Court, D. Nevada

July 20, 2017

U.S. BANK NATIONAL ASSOCIATION, Plaintiff(s),
v.
CANYON TRAILS HOMEOWNERS ASSOCIATION, et al., Defendant(s).

          ORDER

         Presently 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).

         I. Facts

         This 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).

         On 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).

         The deed of trust was assigned to U.S. Bank via an assignment of deed of trust recorded on August 8, 2012. (ECF No. 1).

         On 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).

         On 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).

         On November 13, 2014, AMS recorded a notice of trustee's sale, stating an amount due of $5, 489.72. (ECF No. 1).

         BANA 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).

         On 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).

         On May 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).

         In the instant motion, VPS moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 10).

         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 ...


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