Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bank of America, N.A. v. Sonrisa Homeowners Association

United States District Court, D. Nevada

June 22, 2017

BANK OF AMERICA, N.A., Plaintiffs,
v.
SONRISA HOMEOWNERS ASSOCIATION, et al., Defendants.

          ORDER

         Presently before the court is plaintiff Bank of America, NA.'s ("BANA") motion for summary judgment. (ECFNo. 58).[1]

         Also before the court is defendant/counterclaimant SFR Investments Pool 1, LLC's ("SFR") motion for partial summary judgment. (ECF No. 85). BANA filed a response (ECF No. 88), to which SFR replied (ECF No. 89).

         Also before the court is BANA's counter motion for summary judgment. (ECF No. 87). SFR filed a response (ECF No. 91), to which BANA replied (ECF No. 94).

         I. Facts

         This case involves a dispute over real property located at 1208 El Viento Court, Henderson, Nevada 89074 (the "property"). On April 21, 2010, Rick and Jennifer Watkins obtained a loan from First Option Mortgage in the amount of $152, 192.00 to purchase the property, which was secured by a deed of trust recorded on April 28, 2010. (ECF No. 1 at 3-4).

         The deed was assigned to BANA via an assignment of deed of trust recorded on April 23, 2012. (ECFNo. 1 at 4).

         On October 30, 2012, defendant Nevada Association Services, Inc. ("NAS"), acting on behalf of defendant Sonrisa Homeowners Association (the "HOA"), recorded a notice of delinquent assessment lien, stating an amount due of $1, 565.73. (ECF No. 1 at 4). On January 4, 2013, NAS recorded a notice of default and election to sell to satisfy the delinquent assessment lien, stating an amount due of $2, 765.43. (ECF No. 1 at 4).

         On April 18, 2013, BANA tendered to NAS $1, 125.00, what it calculated to be the superpriority amount-i.e., the sum of nine-months of assessments. (ECF No. 1 at 5).

         On August 13, 2013, NAS recorded a notice of trustee's sale, stating an amount due of $4, 443.81. (ECF No. 1 at 4-5). On September 6, 2013, SFR purchased the property at the foreclosure sale for $18, 000.00. (ECF No. 1 at 6). A trustee's deed upon sale in favor of SFR was recorded on September 9, 2013. (ECF No. 1 at 6).

         On April 14, 2016, BANA filed the underlying complaint, alleging four causes of action: (1) quiet title/declaratory judgment against SFR and the HOA; (2) breach of NRS 116.1113 against NAS and the HOA; (3) wrongful foreclosure against NAS and the HOA; and (4) injunctive relief against SFR. (ECF No. 1).

         On February 15, 2017, the court dismissed claims (2) through (4) of BANA's complaint. (ECF No. 95).

         In the instant motions, SFR moves for partial summary judgment on an issue of law (ECF No. 85), and BANA moves for summary judgment (ECF No. 87). The court will address each as it sees fit.

         II. Legal Standard

         The Federal Rules of Civil Procedure allow summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that "there is no genuine dispute as to any material fact and the movant is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(a). A principal purpose of summary judgment is "to isolate and dispose ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.