Rosario Asuncion v. Specialized Loan Servicing

MEMORANDUM

Rosario Asuncion appeals the district court’s dismissal of her second amended complaint without leave to amend. Asuncion sought to quiet title to property in the state of Nevada she acquired through a loan, upon which she later defaulted. The district court dismissed her complaint because she failed to allege that she had tendered her debt obligations. We have jurisdiction under 28 U.S.C. § 1832 and 28 U.S.C. § 1291 , and we affirm.

I

We review de novo the district court’s dismissal of Asuncion’s second amended complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Pinnacle Armor, Inc. v. United States, 648 F.3d 708, 714 (9th Cir. 2011). Asuncion sought to quiet title under Nev. Rev. Stat, 40.010 “on the grounds that the Deed of Trust was not properly assigned.”. Under Nevada law, “an action to quiet title requires a plaintiff to allege that she has paid any debt owed on the property.” Wensley v. First Nat’l Bank of Nev., 874 F.Supp.2d 957, 966 (D. Nev. 2012) (quoting Lalwani v. Wells Fargo Bank, N.A., No. 2-11-cv-00084, 2011 WL 4574338 , at *3 (D. Nev. Sep. 30, 2011)). Asuncion failed to allege that she has paid the debt owed on the…