U.S. Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 37

ORDER. IT IS HEREBY ORDERED, ADJUDGED, and DECREED that 9 the HOA's motion to dismiss be, and the same hereby is, GRANTED, without prejudice. Signed by Judge James C. Mahan on 7/13/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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U.S. BANK NATIONAL ASSOCIATION,

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Plaintiff(s),

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Case No. 2:16-CV-2804 JCM (GWF)
ORDER

v.
SFR INVESTMENTS POOL 1, LLC, et al.,

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Defendant(s).

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Presently before the court is defendant Legacy Village Property Owners Association’s (the

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HOA”) motion to dismiss. (ECF No. 9). Defendant SFR Investments Pool 1, LLC filed a response

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(ECF No. 14), as did plaintiff U.S. Bank National Association (the “Bank”) (ECF No. 21).1 The

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HOA then filed a reply. (ECF No. 28).

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This action involves the nonjudicial foreclosure sale of the real property located at 2113

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Club Meadows Drive, Henderson, Nevada 89436. (ECF No. 1). The Bank alleges one claim for

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declaratory relief as to quiet title. (Id.).

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To illustrate standing to bring a claim, a complaint must satisfy three criteria:

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(1) a party must have suffered an “injury in fact,” which is an actual or imminent
invasion of a legally protected, concrete, and particularized interest, (2) “there must
be a causal connection between the injury and the conduct complained of,” and (3)
it must be likely that the injury will be redressable by a favorable decision.”

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United States v. Kovall, 857 F.3d 1060, 1065 (9th Cir. 2017) (quoting Lujan v. Defs. of
Wildlife, 504 U.S. 555, 560–61 (1992)).

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James C. Mahan
U.S. District Judge

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Plaintiff appears as Trustee for the Holders of the First Franklin Mortgage Loan Trust
Mortgage Pass-Through Certificates, Series 2006-FF2. (ECF No. 1).

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In its complaint, the Bank asserts that it “holds the Note and Deed of Trust” and that “[a]s

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the current beneficiary under the Deed of Trust, [the Bank]’s interest in the Property retained its

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first-position status in the chain of title after the Sale because the Sale was improper or unlawful.”

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(ECF No. 1 at 3, 6).

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At no point in the complaint does the Bank allege that it held the contested interest prior to

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the foreclosure sale. See generally id. Therefore, this court cannot assess whether plaintiff has

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standing to bring its claim for failure to show that the purported injury may be addressed by this

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court. See Ditech Financial LLC, v. Saticoy Bay LLC Series 4683 Califa, No. 2:17-CV-757-JCM-

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NJK, 2017 WL 2871068, at *2 (D. Nev. July 3, 2017); see also Kovall, 857 F.3d at 1065.

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Indeed, this omission similarly prevents the court from determining whether plaintiff has a

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superior claim to title. See Ditech Financial LLC, 2017 WL 2871068, at *2. Thus, the HOA’s

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motion to dismiss will be granted.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the HOA’s motion to

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dismiss (ECF No. 9) be, and the same hereby is, GRANTED, without prejudice.
DATED July 13, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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