United States District Court, D. Nevada
before the court is plaintiff Bank of America, N.A.,
successor by merger to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP's (BANA) amended
motion for leave to file an amended complaint to reassert
claims against Ann Losee Homeowners' Association (HOA).
(ECF No. 62).
case involves a dispute over real property located at 2317
Clarington Avenue, North Las Vegas, Nevada (the
“property”). On November 21, 2009, Paul Borin
obtained a loan from First Option Mortgage in the amount of
$204, 355.00, which was secured by a deed of trust recorded
on November 30, 2009. Id.
deed of trust was assigned to BANA via an assignment of deed
of trust recorded on November 14, 2011. Id.
November 19, 2013, defendant Absolute Collection Services,
LLC (“ACS”), acting on behalf of the HOA,
recorded a notice of delinquent assessment lien, stating an
amount due of $1, 668.83. Id. On January 8, 2014,
ACS recorded a notice of default and election to sell to
satisfy the delinquent assessment lien, stating an amount due
of $2, 385.68. Id.
February 3, 2014, BANA requested a ledger from the HOA/ACS
identifying the superpriority amount allegedly owed to the
HOA. Id. The HOA/ACS provided a ledger dated
February 19, 2014, stating a superpriority amount owed of $2,
104.35 and a total owed of $6, 553.45. (ECF No. 1). BANA
calculated the superpriority amount to be $180.00 and
tendered that amount to ACS on March 3, 2014, which the HOA
allegedly accepted. Id.
April 30, 2014, ACS recorded a notice of trustee's sale,
stating an amount due of $3, 843.76 and scheduling the sale
for June 17, 2014. Id. On June 17, 2014, defendant
Nevada New Builds, LLC (“NNB”) purchased the
property at the foreclosure sale for $9, 000.00. (ECF No. 1).
A foreclosure deed in favor of NNB was recorded on June 19,
transferred the property to defendant Janet Garcia by a deed
of sale recorded on July 23, 2014. (ECF No. 1). Thereafter,
Garcia transferred the property to defendant Arkham, LLC by
quitclaim deed recorded on May 1, 2015. Id.
Subsequently, Arkham, LLC transferred the property to
defendant Arkham XIII, LLC (Arkham XIII) by a grant, bargain,
sale deed recorded on May 11, 2015. Id.
November 10, 2015, BANA submitted a demand for mediation with
the Nevada Real Estate Division (NRED), as required by NRS
38.310. (ECF No. 60-1). Although NRS 38.330 requires that
“. . . mediation must be completed within 60 days after
the filing of the written claim, ” the record shows
that NRED did not assign the parties to mediation until
October 31, 2016-nearly a year after they filed their
mediation demand. (See ECF No. 60-2). They did not
finally mediate until this year on March 23, 2017, nearly one
and a half years after they filed their mediation
demand. (ECF No. 60-3).
meantime, BANA filed the complaint in this matter on February
26, 2016. (ECF No. 1). In it, BANA asserts four claims of
relief: (1) quiet title/declaratory judgment against all
defendants; (2) breach of NRS 116.1113 against ACS and the
HOA; (3) wrongful foreclosure against ACS and the HOA; and
(4) injunctive relief against Arkham XIII. (ECF No. 1).
October 18, 2016, the court dismissed claims (2) and (3) of
BANA's complaint (ECF No. 1) without prejudice for
failure to mediate pursuant to NRS 38.310. (ECF No. 35).
15, 2017, BANA represented to the court that mediation has
since been completed and moved for leave to file an amended
complaint to reassert the same claims at issue in the present
motion, its claims against the HOA for breach of NRS 116.1113
and wrongful foreclosure. (ECF No. 60).
court denied that motion pursuant to Local Rule 15-1(a) and
NRS 38.330(1) because BANA did not attach a proposed amended
complaint to its motion, nor did it indicate whether an
agreement was obtained. (ECF No. 61).
22, 2017, BANA filed the instant “amended motion for
leave to reassert claims, ” having purportedly
corrected the mistakes of the previous motion. (ECF No. 62).
The HOA responded, arguing that the motion to amend should be
denied because it is untimely and futile. (ECF No. 65). BANA
replied, arguing that it has good cause to justify the timing
of its motion because the mediation did not occur until after
the deadline for ...