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Bank of New York Mellon v. Spring Mountain Ranch Master Association

United States District Court, D. Nevada

July 13, 2018

THE BANK OF NEW YORK MELLON, Plaintiff(s),
v.
SPRING MOUNTAIN RANCH MASTER ASSOCIATION, et al., Defendant(s).

          ORDER

         Presently before the court is defendant Spring Mountain Ranch Master Association's (“the HOA”) motion to dismiss. (ECF No. 11). Plaintiff the Bank of New York Mellon (“BNYM”) filed a response (ECF No. 16), to which the HOA replied (ECF No. 17).

         Also before the court is defendant/counter claimant 8933 Square Knot Trust's (“Square Knot”) motion for summary judgment. (ECF No. 27). BNYM filed a response (ECF No. 33), to which Square Knot replied (ECF No. 42).

         Also before the court is BNYM's motion for summary judgment. (ECF No. 29). The HOA (ECF No. 32) and Square Knot (ECF No. 36) filed responses, to which BNYM replied (ECF No. 41).

         Also before the court is the HOA's motion for summary judgment. (ECF No. 30). BNYM filed a response (ECF No. 38), to which the HOA replied. (ECF No. 40).

         Also before the court is a stipulation for extension of time to respond to BNYM's motion for summary judgment. (ECF No. 34). . . . . . .

         I. Facts

         This case involves a dispute over real property located at 8933 Square Knot Avenue, Las Vegas, NV 89143 (the “property”).

         On July 14, 2005, Susan K. Orcutt (the “borrower”) purchased the property. (ECF No. 1). The borrower obtained a loan to finance the purchase from Countrywide Home Loans, Inc. in the amount of $221, 200.00. Id. The loan was evidenced by a note and secured by a deed of trust recorded on July 25, 2005. Id.

         On February 1, 2012, the deed of trust was assigned to BNYM via an assignment of deed of trust. (ECF No. 27).

         On September 16, 2010, Nevada Association Services, Inc. (“NAS”), acting on behalf of the HOA, recorded a notice of delinquent assessment lien on the property, stating an amount owed of $1, 170.29. (ECF No. 1). On November 4, 2010, NAS, acting on behalf of the HOA, recorded a notice of default and election to sell to satisfy delinquent association lien, stating an amount owed of $2, 168.58. Id.

         On January 28, 2011, BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans, Inc. (“BAC”), through its counsel Miles Bauer, tendered $535.50. (ECF No. 29). NAS refused to accept the tender. Id.

         On September 30, 2011, NAS, on behalf of the HOA, recorded a notice of foreclosure sale, stating an amount owed of $3, 845.74. (ECF No. 1). On March 9, 2012, NAS, on behalf of the HOA, sold the property at a foreclosure sale. Id. Square Knot purchased the property for $6, 166.26. Id. On April 13, 2012, a foreclosure deed upon sale was recorded. Id.

         On August 14, 2017, BNYM filed the underlying complaint (ECF No. 1). In the complaint, BNYM alleges four claims for relief: (1) quiet title and 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 Square Knot. Id.

         On October 30, 2017, Square Knot filed a counterclaim for quiet title/declaratory relief and preliminary and permanent injunction against BNYM. (ECF No. 14).

         In the instant motion, the HOA moves to dismiss BNYM's complaint as time barred. (ECF No. 11).

         II. Legal Standard

         a. Motion to Dismiss

         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 elements of a cause of action, supported only by conclusory statements, do not suffice. Id. at 678.

         Second, the court must consider whether the factual allegations in the complaint allege a plausible claim for relief. Id. at 679. A claim is facially plausible when the plaintiff's complaint alleges facts that allow the court to draw a reasonable inference that the defendant is liable for the alleged misconduct. Id. at 678.

         Where the complaint does not permit the court to infer more than the mere possibility of misconduct, the complaint has “alleged-but not shown-that the pleader is entitled to relief.” Id. (internal quotation marks omitted). When the allegations in a complaint have not crossed the line from conceivable to plausible, plaintiff's claim must be dismissed. Twombly, 550 U.S. at 570.

         The Ninth Circuit addressed post-Iqbal pleading standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. 2011). The ...


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