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Bank of America, N.A. v. Hernandez

United States District Court, D. Nevada

March 31, 2019

BANK OF AMERICA, N.A., Plaintiff,
v.
MANUEL HERNANDEZ; DOE INDIVIDUALS I - X, inclusive, and ROE CORPORATIONS I - X; inclusive; Defendants. MANUEL HERNANDEZ, an individual, Counter-Claimant,
v.
BANK OF AMERICA, N.A.; ATC ASSESSMENT COLLECTION GROUP, LLC, a California limited liability company; COPPER CREEK HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation; FORBES ESTATES LLC, a Nevada limited liability company; MICHAEL A. FORBES, an individual; and NATIONAL DEFAULT SERVICING CORPORATION, an Arizona corporation, Counter-Defendants.

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Before the Court are three contested motions: Plaintiff Bank of America, N.A.'s Motion to Dismiss Counterclaims, ECF No. 13; Counter-Defendant Copper Creek Homeowners Association's (“the HOA”) Motion to Dismiss the Counterclaims, ECF No. 37; and Bank of America's Motion for Summary Judgment, ECF No. 32.

         II. PROCEDURAL BACKGROUND

         This matter arises from a nonjudicial foreclosure sale conducted by a homeowners' association under Nevada Revised Statutes (“NRS”) Chapter 116 in 2016. ECF No. 1.

         Bank of America initiated the action on December 21, 2017. Id. It then filed its amended complaint on March 19, 2018, suing Defendant Manuel Hernandez and alleging two claims: a claim to quiet title or for declaratory judgment and a claim for injunctive relief. ECF No. 5.

         Hernandez answered the amended complaint on April 11, 2018 and asserted multiple counterclaims: (1) quiet title or declaratory relief against Bank of America and the HOA; (2) slander of title against Bank of America and Counter-Defendant National Default Servicing Corporation; (3) unjust enrichment against Bank of America, Counter-Defendants Forbes Estates, LLC, and Counter-Defendant Michael Forbes; (4) offset against Bank of America; (5) injunctive relief against Bank of America and National Default; (6) fraudulent inducement against Forbes; (7) alter ego against Forbes. ECF No. 9.

         On July 12, 2018, Hernandez's counsel withdrew from the matter. ECF No. 27. Hernandez now proceeds pro se.

         Bank of America now moves to dismiss the counterclaims. ECF No. 13. Hernandez opposed, and Bank of America replied. ECF Nos. 16, 21.

         Bank of America also moves for summary judgment. ECF No. 32. National Default joined the motion. ECF No. 34. Hernandez failed to respond.

         The HOA moves to dismiss the counterclaims as well. ECF No. 37. The HOA also filed an errata to its motion. ECF No. 40. Hernandez failed to respond.

         III. MOTIONS TO DISMISS

         The Court begins by addressing the two motions to dismiss the counterclaims.

         a. Factual Background

         In the counterclaims, Hernandez alleges the following:

         Nonparty Manuel Lopez purchased the property at 5411 Tantalum Lane, Las Vegas, Nevada 89122. Lopez financed $175, 250.00 of the purchase. The deed of trust was recorded by Morgan Financial, Inc. on August 11, 2008. The deed of trust was allegedly assigned to Bank of America thereafter.

         On December 29, 2014, the HOA recorded a notice of delinquent assessment lien, which provided: “That the amount owing and unpaid of Assessment dues, special assessments, late fees, and interest charges is $957.99 together with lien fees and costs of $433.00, for a total due of $1390.99, owed as of December 29, 2014.” On March 30, 2015, the HOA recorded a notice of default and election to sell under notice of delinquent assessment lien through its agent ATC Assessment Collection Group, LLC, which stated: “The amount is $2, 961.28 as of 3/27/2015 and will increase until your account becomes current.” On November 18, ...


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