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Bank of America, N.A. v. Travata and Montage At Summerlin Centre

United States District Court, D. Nevada

July 26, 2017

BANK OF AMERICA, N.A., Plaintiffs,
v.
TRAVATA AND MONTAGE AT SUMMERLIN CENTRE, 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 NV Eagles LLC (“Eagles”) filed a response (ECF No. 46), as did defendant Travata and Montage at Summerlin Centre (the “HOA”) (ECF No. 42). BANA submitted replies. (ECF Nos. 67, 68).

         Also before the court is the HOA's motion for summary judgment. (ECF No. 37). BANA filed a response (ECF No. 41), and the HOA filed a reply (ECF No. 66).

         Also before the court is Eagles' motion for summary judgment.[1] (ECF No. 35). BANA filed a response (ECF No. 40), but no Eagles submitted no reply.

         I. Introduction

         The instant litigation involves the May 24, 2013, nonjudicial foreclosure sale of the real property at 1887 Hollywell Street, Las Vegas, Nevada 89135. (ECF No. 36).

         On May 18, 2011, BANA acquired the senior deed of trust through a recorded assignment of deed of trust, which BANA asserts was covered by Federal Housing Administration (“FHA”) mortgage insurance. (ECF Nos. 36, 36-3).

         On March 31, 2011, the HOA “recorded a notice of delinquent assessment lien against the property, ” indicating a total amount due of $1, 181.00. (ECF Nos. 36 at 3); see also (ECF No. 36-4).

         On June 28, 2011, the HOA's trustee, Nevada Association Services (“NAS”), recorded a notice of default and election to sell, identifying a total outstanding liability of $2, 339.20. (ECF No. 36-5).

         On June 24, 2011, counsel wrote a letter on behalf of BANA to NAS, asking for “proof” of sum owed on the super-priority portion of the lien. (ECF No. 36 at 3); see also (ECF No. 36-7). BANA did not provide an exact description of the full amount owed on the superpriority lien, but rather gave “a ledger dated July 23, 2011 identifying the total amount allegedly owed to Travata.” (ECF No. 36 at 3).

         On July 29, 2011, BANA's counsel submitted a “check for $594.00, the sum of nine months of assessments based upon the July 23, 2011 ledger from NAS.” (Id. at 4).

         On April 26, 2013, the HOA recorded a notice of foreclosure sale, and this document identified a total sum due of $6, 066.99. (ECF No. 36-6).

         On June 6, 2013, NAS recorded a foreclosure deed in favor of Underwood Partners, LLC (“Underwood”). (ECF No. 36-8). On October 18, 2013, Underwood transferred its property interest to Eagles. (ECF No. 35-1).

         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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