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Sample Complaint for Quiet Title After Foreclosure Sale in Nevada

Posted by: on Sat, Mar 23, 2013

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                                                                                                 GENERAL ALLEGATIONS

  1. Plaintiff _______ (“Plaintiff”), is, and was at all times relevant herein, an owner of property located in Clark County, Nevada.
  2. Defendant COPPER RIDGE COMMUNITY ASSOCIATION (“Copper Ridge”), is, and was at all times relevant herein, a Nevada non-profit corporation, and Clark County, Nevada homeowners association formed pursuant to and subject to NRS Chapter 116.
  3.                         Defendant NEVADA ASSOCIATION SERVICES, INC., is, and was at all times relevant herein, a Nevada corporation, doing business in Clark County, Nevada.
  4.             Defendant SFR INVESTMENTS POOL I, LLC is, and was at all times relevant herein, a Nevada limited liability company, doing business in Clark County, Nevada.

 

5.         The true names and capacities, whether individual, corporate, associate or otherwise, of Defendants JOHN DOES I through X and ROE BUSINESS ENTITIES I through X are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names.  Plaintiff is informed and believes and therefore alleges that each of the Defendants designated as DOES or ROE BUSINESS ENTITIES is responsible in some manner for the events and occurrences referred to in this Complaint, owes money to Plaintiff, and/or claims some right, title, or interest in the Property described below that is subject and subordinate to the rights, interests, and asserted ownership of Plaintiff described herein.  Plaintiff will ask leave of court to amend this Complaint to insert the true names and capacities of JOHN DOES I through X and/or ROE BUSINESS ENTITIES I through X, when the same have been ascertained and to join Defendants in this action.

6.         Plaintiff was the owner of certain residential real property at issue herein, commonly known as ________Avenue, Henderson, Nevada 89___, APN 1_________, and legally described as LOT __, BLOCK _____ OF GREEN VALLEY RANCH PHASE ____, PARCEL ___, as shown in PLAT BOOK __, PAGE ___, of the public records of Clark County, Nevada (hereinafter the “Property”).

7.         At all times relevant to this Complaint, Plaintiff maintained a residence and/or mailing address known or discoverable by Defendants.

8.         On or about November 23, 20__, Defendant Copper Ridge recorded a Notice of Delinquent Assessment Lien with respect to the Property, by and through its then agent, Taylor Association Management, Inc.  This was paid by Plaintiff and the lien was released by Defendant Copper Ridge on or about January _______.

9.         On or about _______, a Notice of Default and Election to Sell was recorded against the Property by Assessment Management Services on behalf of Green Valley Ranch Community Association (sometimes hereinafter “Parent HOA”),  as a result of which, Plaintiff paid all fees alleged as due and owing to the Parent HOA and the Parent HOA vacated the HOA lien foreclosure proceedings.

10.       On or about May 24, 2___, Defendant Copper Ridge recorded a new Notice of Delinquent Assessment Lien, by and through its new agent, Defendant Nevada Association Services, Inc., but failed to properly notify or serve Plaintiff with this Notice (as Defendant Copper Ridge’s prior agent had done with the prior Notice).

11.       Upon information and belief, service of this Notice of Delinquent Assessment Lien failed to comply with the requirements of Nevada law, including NRS Chapter 116, and also failed to comply with the Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) previously recorded against the Property in Book ___, Instrument No. _____, pursuant to which Defendant Copper Ridge’s lien rights are claimed, including, without limitation, Section 1.3 thereof, and Article XVIII thereof, and was not mailed to or served upon Plaintiff.

12.       Plaintiff did not receive this Notice of Delinquent Assessment Lien and it was not properly served upon her.  Had it been properly served, Plaintiff would have resolved or paid the same, as demonstrated by her prior conduct when properly served.

13.       On or about July 19, ____, a Notice of Default and Election to Sell Under Homeowner Association Lien was recorded on the Property by Defendant Copper Ridge, through Nevada Association Services, Inc.

14.       Upon information and belief, service of the Notice of Default and Election to Sell failed to conform with the requirements of the Copper Ridge CC&Rs and of Nevada law.

15.       This Notice of Default and Election to Sell was not properly mailed to or served upon Plaintiff.

16.       Plaintiff did not receive this Notice of Default and Election to Sell.  Had she received it, she would have cured and paid the liens alleged therein, as demonstrated by her prior conduct, as described above.

17.       On or about February 7, 20__, a Notice of Foreclosure Sale of the Property was recorded by Defendant Copper Ridge through Defendant Nevada Association Services, Inc.

18.       This Notice of Foreclosure Sale was not properly mailed to or served upon Plaintiff.

19.       Plaintiff did not receive this Notice of Foreclosure Sale.  Had she received it, she would have resolved or cured the matter.

20.       On or about March 1, ___, Defendant Nevada Association Services, Inc., acting as trustee, purportedly sold the Property to Defendant SFR Investments Pool I, LLC.

21.       Defendant SFR Investments Pool I, LLC bid and paid $14,000.00 to purchase the Property.

22.       The Property, at full market value, is worth substantially more than Fourteen Thousand Dollars ($14,000.00).

23.       On March 6, ____, a Foreclosure Deed was recorded in the public records of Clark County, Nevada , as Book 20130306, Instrument No. 0001614, purportedly granting and conveying the Property to SFR Investments Pool I, LLC.

24.       On or about March 2, 2013, Defendant SFR Investments Pool I, LLC sent a “Notice of HOA Foreclosure and Change of Ownership” to the tenant/resident living at the Property, which Notice bizarrely and falsely asserted that the Property had been purchased by SFR Investments Pool I, LLC based on a foreclosure of a Parent HOA (Green Valley Ranch Community Association) lien.  This falsehood substantially delayed Plaintiff’s efforts to determine why and how the Property had allegedly been sold.

25.       Plaintiff became aware of the details of the Notice of Delinquent Assessment Lien, Notice of Default and Election to Sell, Foreclosure Sale, and Foreclosure Deed only after March 18, 2013.

26.       Defendant Copper Ridge and its new agent, Defendant Nevada Association Services, Inc., made no effort to discover the true and accurate method for providing notice to and service upon Plaintiff.

27.       Plaintiff stands ready, willing and able to pay any delinquent assessments, as demonstrated by her prior conduct in having done so when she has been properly notified of a pending assessment or lien heretofore.

FIRST CLAIM FOR RELIEF

(Injunctive Relief/Order to Set Aside Lien Foreclosure Sale)

            28.       Plaintiff repeats, realleges and incorporates each and every allegation set forth in every foregoing paragraph of this Complaint herein, and also into each and every Claim for Relief.

29.       Defendants Copper Ridge and Nevada Association Services, Inc. did not comply with all applicable provisions of the Nevada Revised Statutes or of the applicable CC&Rs regarding an HOA lien foreclosure sale.  As all real estate is unique in Nevada, Plaintiff has no adequate remedy at law, and is therefore entitled to have the court order the Property to be reconveyed to Plaintiff.

30.       The foreclosure sale of the Property, therefore, is invalid and Plaintiff is entitled to an Order that the sale should be set aside and ordering that it be set aside, and, further, to the extent necessary, enjoining and requiring Defendants to unwind the sale transaction, redeed the Property to Plaintiff, accept payments from Plaintiff of any amount necessary to pay any past due assessments, and to take such further action as may be required to return ownership of the Property to Plaintiff.

31.       It has been necessary for Plaintiff to retain the services of attorneys to prosecute this action and therefore Plaintiff is entitled to recover reasonable attorney’s fees and costs incurred in accordance with the law, including, without limitation, as special damages.

SECOND CLAIM FOR RELIEF

(Declaratory Judgment/Quiet Title)

            32.       Plaintiff repeats, realleges and incorporates each and every allegation set forth in every foregoing paragraph of this Complaint herein, and also into each and every Claim for Relief.

33.       The Property should be restored to Plaintiff, its rightful owner.

34.       This Court should declare and decree and enter an Order of Declaratory Relief that the Plaintiff is the rightful owner of the Property and quiet title in the name of Plaintiff.

35.       It has been necessary for Plaintiff to retain the services of attorneys to prosecute this action and therefore Plaintiff is entitled to recover reasonable attorney’s fees and costs incurred in accordance with the law, including, without limitation, as special damages.

THIRD CLAIM FOR RELIEF

(Unjust Enrichment – As to Defendant SFR Investments Pool I, LLC)

            36.       Plaintiff repeats, realleges and incorporates each and every allegation set forth in every foregoing paragraph of this Complaint herein, and also into each and every Claim for Relief.

37.       Defendant SFR Investments Pool I, LLC has been unjustly enriched by retaining the Property.

38.       The principles of justice, equity and good conscience require that such property be returned to Plaintiff.

39.       Because of this retention of the Property, Plaintiff has been damaged in an amount exceeding $10,000.00, and is entitled to an award as and for her damages incurred herein.

40.       It has been necessary for Plaintiff to retain the services of attorneys to prosecute this action and therefore Plaintiff is entitled to recover reasonable attorney’s fees and costs incurred in accordance with the law, including, without limitation, as special damages.

FOURTH CLAIM FOR RELIEF

(Breach of Contract and Covenants)

            41.       Plaintiff repeats, realleges and incorporates each and every allegation set forth in every foregoing paragraph of this Complaint herein, and also into each and every Claim for Relief.

42.       Defendant Copper Ridge owes certain contractual duties and covenants to Plaintiff under the CC&Rs described above.

43.       Defendant Copper Ridge has breached its duties to Plaintiff under the CC&Rs.

44.       Plaintiff is a third-party beneficiary of the contract between Defendant Copper Ridge and Defendant Nevada Association Services, Inc., pursuant to which contract Defendant Nevada Association Services, Inc. was to properly and legally serve any and all delinquent lien notices upon Plaintiff and properly and legally pursue any lien foreclosure proceedings, ensuring proper notice was delivered to homeowners such as Plaintiff.

45.       Defendant Nevada Association Services, Inc. breached its contractual duties, as aforestated, proximately causing damage to Plaintiff.

46.       As a result of the breaches described herein, Plaintiff has suffered damages in excess of $10,000.00 and is entitled to an award as and for her damages incurred herein.

47.       It has been necessary for Plaintiff to retain the services of attorneys to prosecute this action and therefore Plaintiff is entitled to recover reasonable attorney’s fees and costs incurred in accordance with the law, including, without limitation, as special damages.

WHEREFORE, Plaintiff prays for judgment against the Defendants, and each of them, as follows:

1.         For an Order setting aside the foreclosure sale of the Property;

2.         For an Order of Declaratory Relief quieting title in and to the Property in the name of Plaintiff;

3.         To the extent necessary, for an Order of Injunctive Relief requiring the Defendants, and each of them, to take such actions as are necessary to unwind the conveyances to SFR Investments Pool I, LLC, redeed the Property to Plaintiff, and allow Plaintiff to pay and require Defendant Copper Ridge to accept from Plaintiff any payment required on any past due assessments;

4.         For an award of damages in favor of Plaintiff and against Defendants, and each of them in excess of $10,000;

5,         For an award in favor of Plaintiff and against Defendants, and each of them, jointly and severally, for Plaintiff’s costs and attorneys’ fees herein, as allowed by law, including, without limitation, as special damages incurred herein; and

6.         For such other and further relief as the Court deems proper in the premises.

DATED this _____ day of March, 2013.

ALBRIGHT, STODDARD, WARNICK & ALBRIGHT

___________________________________________

801 South Rancho Drive, Suite D-4

Las Vegas, Nevada 89106

(702) 384-7111

   Attorneys for Plaintiff

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on real estate, secured finance and litigation.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

Note: This article, and any other information you obtain at this website, is not offered as legal advice, nor should it be relied upon as such, nor is it a solicitation for legal services. Only a licensed attorney can advise you with respect to your specific legal needs. We welcome your contacting our firm to discuss such representation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.