United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
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.
matter arises from a nonjudicial foreclosure sale conducted
by a homeowners' association under Nevada Revised
Statutes (“NRS”) Chapter 116 in 2016. ECF No. 1.
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.
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.
12, 2018, Hernandez's counsel withdrew from the matter.
ECF No. 27. Hernandez now proceeds pro se.
America now moves to dismiss the counterclaims. ECF No. 13.
Hernandez opposed, and Bank of America replied. ECF Nos. 16,
America also moves for summary judgment. ECF No. 32. National
Default joined the motion. ECF No. 34. Hernandez failed to
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.
MOTIONS TO DISMISS
Court begins by addressing the two motions to dismiss the
counterclaims, Hernandez alleges the following:
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.
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, ...