United States District Court, D. Nevada
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF11, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF11, Plaintiff,
SFR INVESTMENTS POOL 1, LLC, a Nevada limited-liability company; LAMPLIGHT SQUARE @ CORONADO RANCH, LLC, a Nevada limited-liability company; LAMPLIGHT SQUARE @ CORONADO RANCH HOMEOWNERS' ASSOCIATION, a Nevada non-profit corporation; and ALESSI & KOENIG, LLC, a Nevada limited-liability company, Defendants.
RICHARD F. BOULWARE, II UNITED STATES DISTRCIT JUDGE.
the Court is Defendant SFR Investments Pool 1, LLC's
(“SFR's”) Motion to Dismiss. ECF No. 41. For
the reasons stated below, the Court grants the Motion to
Dismiss as to all of the claims except the unjust enrichment
Court summarizes the facts alleged in Deutsch Bank's
complaint. ECF No. 1. On May 18, 2006, a deed of trust was
recorded subsequent to a borrower's purchase of a
property located at 6238 Tillman Crest Avenue, Las Vegas,
Nevada 89139, NV 89074 (APN 176- 14-613-035) (“the
Property”). The beneficial interest was later
transferred to Deutsche Bank on or about October 17, 2011.
about September 30, 2010, a Notice of Delinquent Assessment
was submitted on behalf of the HOA for outstanding amounts
owed and recorded with the Recorder's Office as
Instrument Number 201009300001914.
about February 10, 2011, a Notice of Default and Election to
Sell under Homeowners Association Lien was submitted on
behalf of the HOA for outstanding amounts owed as of February
7, 2011 and was recorded with the Recorder's Office as
Instrument Number 201102100002884.
about August 1, 2011, a Notice of Trustee's Sale was
submitted on behalf of the HOA for the outstanding amounts
owed and was recorded in the Recorder's Office as
Instrument Number 20110801-0002248. The Notice of
Trustee's Sale set a foreclosure date of August 31, 2011.
about August 30, 2011, the Borrower filed a Voluntary
Petition with the United States Bankruptcy Court, District of
Nevada, as Case Number 11-23710-bam. The Bankruptcy Petition,
which was served on the HOA, identified the Property as an
asset of the bankruptcy estate. The HOA was listed as a
creditor in the bankruptcy.
January 17, 2012, Deutsche Bank moved for relief from the
automatic stay with respect to its interest in the Property.
On February 22, 2012, the Bankruptcy Court issued an order
granting relief from the automatic stay to Deutsche Bank with
respect to the Property.
about February 28, 2012, a Notice of Trustee's Sale was
submitted on behalf of the HOA pursuant to the September 30,
2010 Notice of Delinquent Assessment listing outstanding
amounts owed and was recorded in the Recorder's Office as
Instrument Number 201202280001041. The Notice of
Trustee's Sale set a foreclosure date of March 21, 2012.
about February 14, 2013, a Trustee's Deed upon Sale was
recorded with the Recorder's Office as Instrument Number
201302140003174, documenting the purchase of the Property at
public auction on July 18, 2012.
Bank filed its complaint on May 26, 2017. ECF No. 1.
Lamplight at Coronado Ranch Homeowners' Association
(“the HOA”) ...