United States District Court, D. Nevada
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
the Court are two motions: (1) Defendant Help for Homeowners,
Inc's (“HFH”) Motion to Dismiss, ECF No. 26;
and (2) Plaintiff CitiMortgage, Inc.'s Motion for
Judgment on the Pleadings, ECF No. 28.
matter arises from a nonjudicial foreclosure sale conducted
by a homeowners' association under Nevada Revised
Statutes (“NRS”) Chapter 116 in 2013. ECF No. 1.
sued HFH and Joshua Lohrman on October 30, 2017, alleging two
claims: declaratory relief under the Fifth and the Fourteenth
Amendment to the federal constitution and quiet title under
the Fifth and the Fourteenth Amendment to the federal
constitution. Id. CitiMortgage also filed a notice
of lis pendens. ECF No. 3.
CitiMortgage's motion, the Clerk of the Court entered
default against Joshua Lohrman on December 6, 2017. ECF Nos.
filed a motion to dismiss on January 26, 2018. ECF No. 20.
But the motion was dismissed without prejudice when the Court
stayed this matter pending resolution of a question certified
to the Nevada Supreme Court. ECF No. 24. The Nevada Supreme
Court issued its decision on the certified question in August
moves again to dismiss the complaint. ECF No. 26.
CitiMortgage opposed the motion, and HFH replied. ECF Nos.
moves for judgment on the pleadings. ECF No. 28. HFH opposed
the motion, and HFH replied. ECF Nos. 30, 31.
Complaint alleges the following facts:
matter concerns a property located at 8400 Running Deer
Avenue #202, Las Vegas, NV 89145. The property is subject to
a declaration of covenants, conditions, and restrictions for
the Indian Wells Community Association (“the
January 31, 2001, Upender F. Chopra obtained title to the
property evidenced by a Grant Deed recorded in the Office of
the Clark County Recorder on February 27, 2001. On February
15, 2006, Chopra obtained a loan from CitiBank (West), FSB
(“CitiBank”) in the amount of $127, 200.00. To
obtain the loan, Chopra executed a promissory note
(“note”) in favor of CitiBank and a deed of trust
to secure repayment of the loan. The deed of trust was
recorded on April 11, 2006. The deed of trust identified
Chopra as the borrower and CitiBank as the Lender and