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