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Bank of America, N.A. v. Monte Bello Homeowners Association, Inc.

United States District Court, D. Nevada

July 13, 2017

BANK OF AMERICA, N.A., Plaintiffs,
v.
MONTE BELLO HOMEOWNER'S ASSOCIATION, INC., et al., Defendants.

          ORDER

         Presently 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).

         Also 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).

         I. Facts

         This 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).

         On 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).

         The 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).

         On May 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).

         On 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).

         Effective July 1, 2011, BAC merged into BANA. (ECF No. 1).

         On 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).

         On 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).

         The HOA 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).

         On 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.[1] (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).

         In the instant motion, BANA moves for partial summary judgment (ECF No. 36) and the HOA moves for summary judgment (ECF No. 40). ...


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