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Bank of New York Mellon v. Vinings Homeowners Association

United States District Court, D. Nevada

May 8, 2018

THE BANK OF NEW YORK MELLON, Plaintiff(s),
v.
THE VININGS HOMEOWNERS ASSOCIATION, et al., Defendant(s).

          ORDER

         Presently before the court is defendant Red Rock Financial Services' (“RRFS”) motion to dismiss. (ECF No. 8). Plaintiff Bank of New York Mellon (“BNYM”) filed a response (ECF No. 15), to which RRFS replied (ECF No. 16).

         Also before the court is defendant SFR Investments Pool 1, LLC's (“SFR”) motion to dismiss. (ECF No. 17). Plaintiff filed a response (ECF No. 21), to which SFR replied (ECF No. 23).

         I. Introduction

         This action involves the parties' interests in real property located at 7409 Fountain Crest Avenue, Las Vegas, Nevada, 89113 (“the property”). (ECF No. 1).

         a. Plaintiff's interest in the property

         On May 9, 2006, Mike Zenteno and Gloria Figueroa (“the borrowers”) obtained title to the property. Id.The borrowers obtained a loan from Countrywide Home Loans, Inc. (“Countrywide”) for $294, 000 to finance ownership of the property. Id. The borrowers executed a promissory note in favor of Countrywide, as well as a deed of trust to secure repayment of the loan. Id. The deed of trust was recorded on May 12, 2006. Id. The deed of trust was assigned to plaintiff via a corporate assignment of deed of trust. Id.

         b. Defendants' interest in the property

         On May 11, 2012, RRFS, acting on behalf of defendant the Vinings Homeowners Association (“the HOA”) recorded a notice of delinquent assessment lien, stating an amount due of $926.68. Id. On July 2, 2012, RRFS, on behalf of the HOA, recorded a notice of default and election to sell, stating an amount due of $1, 941.61. Id. On April 4, 2013, RRFS, on behalf of the HOA, recorded a notice of foreclosure sale, stating an amount due of $4, 000.31. Id.

         On July 15, 2013, the HOA foreclosed against the property. Id. Alex Berezovsky purchased the property at the foreclosure sale for $7, 100. Id. A foreclosure deed was recorded on July 25, 2013. Id.

         On May 30, 2014, Berezovsky conveyed title to the property to the Aber Trust and then to Noesis, both via quitclaim deed recorded on May 30, 2014. Id. On September 17, 2014, SFR obtained title to the property via quitclaim deed. Id.

         c. Plaintiff's complaint

         Plaintiff challenges the legal effect of the July 15, 2013, HOA foreclosure sale and seeks to preserve its pre-sale interest in the property. Id. Plaintiff alleges the following causes of action: (1) quiet title/declaratory relief against all defendants; (2) breach of NRS 116.1113 against the HOA and RRFS; (3) wrongful foreclosure against the HOA and RRFS; and (4) injunctive relief against SFR. (ECF No. 1).

         II. Legal Standard

         A court may dismiss a complaint for “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). A properly pled complaint must provide “[a] short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). While Rule 8 does not require detailed factual allegations, it demands “more than labels and conclusions” or a “formulaic recitation of the elements of a cause of action.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).

         “Factual allegations must be enough to rise above the speculative level.” Twombly, 550 U.S. at 555. Thus, to survive a motion to dismiss, a complaint must contain sufficient factual matter to “state a claim to relief that is plausible on its face.” Iqbal, 556 U.S. at 678 (citation omitted).

         In Iqbal, the Supreme Court clarified the two-step approach district courts are to apply when considering motions to dismiss. First, the court must accept as true all well-pled factual allegations in the complaint; however, legal conclusions are not entitled to the assumption of truth. Id. at 678-79. Mere recitals of the ...


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