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Wells Fargo Bank, N.A. v. Resources Group, LLC

United States District Court, D. Nevada

March 26, 2019

WELLS FARGO BANK, N.A., a national banking association, Plaintiff,
v.
RESOURCES GROUP, LLC, a Nevada limited-liability company as trustee of the BOURNE VALLEY COURT TRUST; CORTEZ HEIGHTS HOMEOWNERS ASSOCIATION, a Nevada non-project corporation; G&P ENTERPRISES, LLC dba ALLIED TRUSTEE SERVICES, a California limited-liability company, Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE.

         I. INTRODUCTION

         Before the Court is Defendant Resources Group, LLC as trustee for the Bourne Valley Court Trust's Renewed Motion to Dismiss. ECF No. 34.

         In the complaint filed April 24, 2017, Plaintiff states five causes of action: (1) declaratory relief pursuant to the Fifth Amendment takings clause; (2) declaratory relief pursuant to the Fifth and Fourteenth Amendment due process clauses; (3) wrongful foreclosure; (4) violation of NRS 116.113 et seq.; and (5) quiet title. ECF No. 1.

         For the reasons stated below, the Court grants the Renewed Motion to Dismiss.

         II. FACTUAL BACKGROUND

         The Court summarizes the facts alleged in Plaintiff's complaint. ECF No. 1.

         On or about November 30, 2004, nonparties Edgar Treyes and Cecilia Treyes obtained title to a property located at 5332 La Quinta Hills St., North Las Vegas, Nevada 89081 (APN 124-35-215-124) (“the Property”). On December 1, 2004, the Grant, Bargain, Sale Deed was recorded in the Office of the Clark County Recorder as Instrument Number 20041201-0004514.

         Edgar and Cecilia Treyes purchased the Property with a loan and executed a promissory note in the original amount of $170, 411.00. The Note was secured by a Deed of Trust in favor of World Savings Bank, FSB as the lender. The Deed of Trust was recorded by the Recorder's Office on December 1, 2004, as Instrument Number 20041201-004515. Wells Fargo is the successor to World Savings Bank, FSB, and owner of the Note and Deed of Trust.

         On or about July 5, 2011, a Notice of Delinquent Assessment was recorded in the Recorder's Office as Instrument Number 201107050000574. The Notice of Delinquent Assessment was submitted by G&P Enterprises, LLC dba Allied Trustee Services (“Allied”) on behalf of Cortez Heights Homeowners Association (“Cortez Heights”) for outstanding amounts owed.

         On August 3, 2011, a Notice of Default and Election to Sell under Notice of Delinquent Assessment (“Notice of Default”) was recorded in the Recorder's Office as Instrument Number 201108030002541. The Notice of Default was submitted by Allied on behalf of Cortez Heights for outstanding amounts owed.

         On February 28, 2012, a Notice of Trustee's Sale was recorded in the Recorder's Office as Instrument Number 201202280001054. The Notice of Trustee's Sale was submitted by Allied on behalf of Cortez Heights for outstanding amounts owed.

         On or about May 15, 2012, a Trustee's Deed upon Sale (“Trustee's Deed”) was recorded in the Recorder's Office as Instrument Number 201205150002553. The Trustee's Deed was submitted by Allied on behalf of Cortez Heights and showed Resources Group, LLC as Trustee for “La Quinta Hills Street Trust” purchased the Property for $3, 564 at public auction on April 24, 2012.

         On or about May 29, 2012, Resources Group, LLC as trustee for La Quinta Hills Street Trust executed a Grant, Bargain, Sale Deed purporting to convey the Property to Resources ...


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