United States District Court, D. Nevada
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).
case involves a dispute over real property located at 2913
Fern Crest Avenue, North Las Vegas, Nevada 89031 (the
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).
deed of trust was assigned to BANA via an assignment deed of
trust recorded April 16, 2010. (ECF No. 1 at 4).
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).
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
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.
February 24, 2016, BANA filed the underlying complaint,
alleging four causes of action:
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).
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).
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).
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).