United States District Court, D. Nevada
before the court is plaintiff Bank of America, NA.'s
("BANA") motion for summary judgment. (ECFNo.
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).
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).
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).
deed was assigned to BANA via an assignment of deed of trust
recorded on April 23, 2012. (ECFNo. 1 at 4).
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).
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).
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).
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).
February 15, 2017, the court dismissed claims (2) through (4)
of BANA's complaint. (ECF No. 95).
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
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 ...