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Bank of America, N.A. v. Treasures Landscape Maintenance Association

United States District Court, D. Nevada

July 21, 2017

BANK OF AMERICA, N.A., Plaintiffs,
v.
TREASURES LANDSCAPE MAINTENANCE ASSOCIATION, et al., Defendants.

          ORDER

         Presently before the court is defendant Treasures Landscape Maintenance Association's (the “HOA”) motion for attorney's fees and costs. (ECF No. 75). Plaintiff Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP (“BANA”) filed a response (ECF No. 83), to which the HOA replied (ECF No. 86).

         I. Facts

         This case involves a dispute over real property located at 2913 Fern Crest Avenue, North Las Vegas, Nevada 89031 (the “property”).

         William and Amber Morris purchased the property on June 9, 2003. (ECF No. 1 at 4). To refinance the property, they obtained a loan in the amount of $235, 869.00, which was secured by a deed of trust recorded on December 10, 2008. (ECF No. 1 at 4).

         The deed of trust was assigned to BANA via an assignment deed of trust recorded April 16, 2010. (ECF No. 1 at 4).

         On May 20, 2011, defendant Nevada Association Services, Inc. (“NAS”), acting on behalf of the HOA, recorded a notice of delinquent assessment lien, stating an amount due of $1, 343.40. (ECF No. 1 at 4). On July 18, 2011, NAS recorded a notice of default and election to sell to satisfy the delinquent assessment lien, stating an amount due of $1, 975.50. (ECF No. 1 at 4).

         On May 15, 2012, NAS recorded a notice of trustee's sale, stating an amount due of $3, 146.17. (ECF No. 1 at 5). On December 14, 2012, defendant Red Lizard Productions, LLC. (“RLP”) purchased the property at the foreclosure sale for $3, 955.00. (ECF No. 1 at 5-6). A foreclosure deed in favor of RLP was recorded on December 20, 2012. (ECF No. 1 at 5).

         On November 24, 2015, RLP recorded a grant, bargain, sale deed conveying the property to Fern Crest. (ECF No. 1 at 6). Thus, Fern Crest is the current record owner of the property.

         On February 24, 2016, BANA filed the underlying complaint, alleging four causes of action:

         (1) quiet title/declaratory judgment against all defendants; (2) breach of NRS 116.1113 against NAS and the HOA; (3) wrongful foreclosure against NAS and the HOA; and (4) injunctive relief against RLP and Fern Crest. (ECF No. 1). On February 17, 2017, the court dismissed claims (2) through (4) of BANA's complaint for failure to mediate pursuant to NRS 38.310. (ECF No. 70).

         On April 18, 2016, Fern Crest filed a counterclaim against BANA and crossclaims against the HOA and NAS alleging four causes of action: (1) declaratory relief/quiet title against all parties;(2) preliminary and permanent injunction against BANA from foreclosure action; (3) slander of title against BANA; and (4) unjust enrichment against all parties. (ECF No. 14).

         On October 13, 2016, the HOA and BANA each moved for summary judgment. (ECF Nos. 49, 50). On April 17, 2017, the court granted summary judgment in favor of the HOA and against BANA on the quiet title claim. (ECF No. 72).

         In the instant motion, the HOA filed a timely motion requesting attorney's fees and costs pursuant to Federal Rule of Civil Procedure 54(d) and LR 54-14. (ECF No. 75).

         II. ...


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