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Bank of New York Mellon v. Traccia Community Association

United States District Court, D. Nevada

March 23, 2018

BANK OF NEW YORK MELLON, Plaintiffs,
v.
TRACCIA COMMUJNITY ASSOCIATION, et al., Defendants.

          ORDER

         Presently before the court is defendant Traccia Community Association's (the “HOA”) motion to dismiss. (ECF No. 7). Plaintiff Bank of New York Mellon (“BNYM”) and defendant SFR filed responses (ECF Nos. 20, 22), to which the HOA replied (ECF No. 23).

         Also before the court is defendant SFR's motion to dismiss. (ECF No. 21). Plaintiff filed a response (ECF No. 24), to which SFR replied (ECF No. 25).

         I. Introduction

         This action involves the parties' interests in real property located at 2440 Granada Bluff Court, Las Vegas, Nevada, 89135 (“the property”). (ECF No. 1).

         a. Plaintiff's interest in the property

         On November 14, 2005, Ryan Bundy (the “borrower”) obtained title to the property. Id. On January 12, 2007, the borrower obtained a loan from Countrywide Home Loans, Inc. (“Countrywide”) in the amount of $399, 000. Id. The borrower also executed a promissory note in favor of Countrywide and a deed of trust to secure repayment of the loan. Id. On November 18, 2005, the deed of trust was recorded showing Ryan Bundy as borrower and Countrywide as lender.. Id. “The deed of trust was [thereafter] assigned to [BNYM].” (ECF No. 22 at 2).

         b. Defendants' interest in the property

         On December 24, 2007, the HOA, through Taylor Association Management, LLC, recorded a notice of delinquent assessment against the property stating an amount due of $2, 122.03. Id. On November 12, 2010, the HOA, through Nevada Association Services (“NAS”), recorded a notice of default and election to sell stating an amount due of $3, 202.99. Id.

         On May 4, 2011, the HOA, through NAS, recorded a notice of trustee's sale stating an amount due of $5, 372.16. Id. On August 14, 2012, the HOA, through NAS, recorded a second notice of foreclosure sale, stating an amount due of $9, 782.33 and an anticipated sale date of September 14, 2012. Id.

         Bank of America National Association (“BOA”) was plaintiff's predecessor in interest. Id. On September 5, 2012, counsel for BOA sent NAS a letter requesting a payoff ledger. Id. NAS did not provide BOA with a ledger. Id. Based on ledgers from different properties under the same HOA, BOA sent NAS a check for $2, 620 on September 14, 2012, which represented BOA's estimate of nine months of assessments and reasonable collection costs. Id. The HOA, through NAS, did not accept or cash the check. Id.

         On January 18, 2013, the HOA foreclosed on the property. Id. Defendant SFR purchased the property at the foreclosure sale for $18, 900. Id. A trustee's deed upon sale was recorded against the property on January 24, 2013. Id.

         c. Plaintiff's complaint

         Plaintiff filed the underlying complaint on June 30, 2017. (ECF No. 1). The complaint challenges the legal effect of the January 18, 2013, HOA foreclosure sale and seeks to preserve plaintiff's pre-sale interest in the property. Id. Plaintiff alleges the following causes of action: (1) quiet title/declaratory judgment against all defendants; (2) breach of NRS 116.1113 against the HOA and NAS; (3) wrongful foreclosure against the HOA and NAS; and (4) injunctive relief against SFR. (ECF No. 1).

         II. ...


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