United States District Court, D. Nevada
before the court is plaintiff Bank of America, N.A.'s
(“BANA”) motion for summary judgment. (ECF No.
36). Defendant Saticoy Bay, LLC (“Saticoy”) filed
a response (ECF No. 40), as did defendant Travata and Montage
at Summerlin Centre Homeowners' Association (the
“HOA”) (ECF No. 41). BANA submitted a reply. (ECF
before the court is the HOA's motion for summary
judgment. (ECF No. 38). BANA filed a response (ECF No. 42),
and the HOA filed a reply (ECF No. 47).
before the court is Saticoy's motion for summary
judgment. (ECF No. 39). BANA filed a response (ECF No. 43),
as did the HOA (ECF No. 44). Finally, Saticoy filed a reply.
(ECF No. 46).
litigation involves the March 28, 2014, nonjudicial
foreclosure sale of the real property at 9157 Desirable
Court, Las Vegas, Nevada 89149. (ECF No. 36).
December 1, 2011, BANA acquired the senior deed of trust
through an assignment of deed of trust, which BANA asserts
was covered by Federal Housing Administration
(“FHA”) mortgage insurance. (ECF Nos. 36, 36-3).
19, 2013, the HOA “recorded a notice of delinquent
assessment lien against the property, ” indicating an
amount due of $1, 680.22. (ECF Nos. 36 at 3); see
also (ECF No. 36-2).
September 23, 2013, the HOA's trustee, Nevada Association
Services (“NAS”), recorded a notice of default
and election to sell, identifying an outstanding liability of
$2, 506.10. (ECF No. 36-5).
January 30, 2014, counsel wrote a letter on behalf of BANA to
NAS, asking for a ledger describing the amount owed on the
property. (ECF No. 36-7).
February 4, 2014, the HOA recorded a notice of foreclosure
sale, and this document identified a sum due of $3,
603.22. (ECF No. 36-6).
responded to the January 30, 2014, letter, and BANA
subsequently indicated on February 20, 2014, that it would
pay $171.00-a lesser amount than the figure indicated in both
the notice of default and notice of foreclosure sale-to
satisfy the super-priority HOA lien on the property and
prevent the foreclosure sale. (ECF No. 36-7).
March 31, 2014, NAS recorded a foreclosure deed in favor of
Saticoy. (ECF No. 36-8).
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 judgment as a
matter of law.” Fed.R.Civ.P. 56(a). A principal purpose
of summary judgment is “to isolate and ...