United States District Court, D. Nevada
before the court is plaintiff Bank of America, N.A.,
successor by merger to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP's
(“BANA”) motion for partial summary judgment.
(ECF Nos. 36, 37). Defendant Monte Bello Homeowners
Association, Inc. (the “HOA”) filed a response
(ECF No. 38), to which BANA replied (ECF No. 47).
before the court is the HOA's motion for summary judgment
(ECF No. 40), to which defendant PBB & BPB Business Trust
(“Business Trust”) (ECF No. 42) joined. BANA
filed a response. (ECF No. 48).
case involves a dispute over real property located at 5124
Bellaria Place, Las Vegas, Nevada (the
“property”). On November 24, 2008, Deana
Vanderlinden obtained a loan from Stearns Lending, Inc. in
the amount of $122, 735.00, which was secured by a deed of
trust recorded on December 4, 2008. (ECF No. 1).
April 21, 2010, defendant Angius & Terry Collections, LLC
(“ATC”), acting on behalf of the HOA, recorded a
notice of delinquent assessment lien, stating an amount due
of $1, 393.64. (ECF No. 1).
deed of trust was assigned to BAC Home Loans Servicing, LP
f/k/a Countrywide Home Loan Servicing LP (“BAC”)
via a corporation assignment of deed of trust recorded on
April 30, 2010. (ECF No. 1).
25, 2010, ATC recorded a notice of default and election to
sell to satisfy the delinquent assessment lien, stating an
amount due of $2, 267.52. (ECF No. 1).
October 4, 2010, BANA allegedly requested a ledger from the
HOA, through ATC, identifying the superpriority amount owed
to the HOA. (ECF No. 1). ATC allegedly refused to identify
the superpriority amount, and instead provided a ledger,
dated October 11, 2010, identifying the total amount
allegedly owed. (ECF No. 1). BANA calculated the
superpriority amount as $657.00, the sum of nine-months of
common assessments as identified in the HOA's ledger, and
allegedly tendered that amount to ATC on November 5, 2010.
(ECF No. 1).
July 1, 2011, BAC merged into BANA. (ECF No. 1).
September 1, 2011, ATC recorded another notice of delinquent
assessment lien, stating an amount due of $4, 160.00. (ECF
No. 1). On December 30, 2011, ATC recorded a notice of
trustee's sale, scheduling the foreclosure sale for
January 19, 2012, and stating an amount due of $5, 309.26.
(ECF No. 1).
January 19, 2012, ATC foreclosed upon the non-priority
portion of the HOA's lien. (ECF No. 36-9). The HOA
purchased the property at the foreclosure sale for $2,
099.75. (ECF No. 1). A trustee's deed upon sale in favor
of the HOA was recorded on January 25, 2012. (ECF No. 1).
sold the property to Bellaria PI PBB Trust
(“Bellaria”) for $4, 337.25 via a quitclaim deed
recorded on March 30, 2012. (ECF No. 1).
March 2, 2016, BANA filed the underlying complaint, alleging
four causes of action: (1) quiet title/declaratory judgment
against all defendants; (2) breach of NRS 116.1113 against
ATC and the HOA; (3) wrongful foreclosure against ATC and the
HOA; and (4) injunctive relief against
Bellaria. (ECF No. 1). On September 30, 2016, the
court dismissed claims (2) and (3) of BANA's complaint
for failure to mediate. (ECF No. 28).
instant motion, BANA moves for partial summary judgment (ECF
No. 36) and the HOA moves for summary judgment (ECF No. 40).