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Bank of America, N.A. v. Travata and Montage at Summerlin Centre Homeowners' Association

United States District Court, D. Nevada

July 18, 2017

BANK OF AMERICA, N.A., Plaintiffs,
v.
TRAVATA AND MONTAGE AT SUMMERLIN CENTRE HOMEOWNERS ASSOCIATION, et al., Defendants.

          ORDER

         Presently 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 No. 45).

         Also 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).

         Also 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).

         I. Introduction

         This litigation involves the March 28, 2014, nonjudicial foreclosure sale of the real property at 9157 Desirable Court, Las Vegas, Nevada 89149. (ECF No. 36).

         On 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).

         On July 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).

         On 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).

         On 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).

         On February 4, 2014, the HOA recorded a notice of foreclosure sale, and this document identified a sum due of $3, 603.22.[1] (ECF No. 36-6).

         NAS 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).

         On March 31, 2014, NAS recorded a foreclosure deed in favor of Saticoy. (ECF No. 36-8).

         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 judgment as a matter of law.” Fed.R.Civ.P. 56(a). A principal purpose of summary judgment is “to isolate and ...


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