United States District Court, D. Nevada
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).
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).
action involves the parties' interests in real property
located at 2440 Granada Bluff Court, Las Vegas, Nevada, 89135
(“the property”). (ECF No. 1).
Plaintiff's interest in the property
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).
Defendants' interest in the property
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,
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.
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.
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.
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).