United States District Court, D. Nevada
before the court is defendant Giavanna Homeowners
Association's (the “HOA”) motion for summary
judgment. (ECF No. 24). Co-defendant Absolute Collection
Services, LLC (“ACS”) joined in that motion. (ECF
No. 26). Plaintiff Bank of America, N.A. (“BANA”)
filed a response to this motion. (ECF No. 29). No reply was
before the court is BANA's motion for summary judgment.
(ECF No. 25). The HOA filed a response (ECF No. 30), and BANA
filed a reply (ECF No. 42).
before the court is BANA's motion for default judgment.
(ECF No. 56).
case involves competing interests in the real property at
3648 Bella Legato Avenue, North Las Vegas, Nevada, 89081.
(ECF No. 1).
acquire a deed of trust in the property on June 19, 2009,
when it provided a loan to Pascual Guzman-Perez and Brenda M.
Guzman. (ECF No. 25-3).
February 1, 2011, ACS recorded a notice of delinquent
assessment lien, identifying an amount owed of $1, 371.07.
(ECF No. 25-4).
April 14, 2011, ACS recorded a notice of default and election
to sell, which indicated that $2, 529.82 was owed on the
property. (ECF No. 25-5).
18, 2012, ACS recorded a notice of trustee's sale,
positing that an obligation of $2, 960.57 was outstanding on
the property. (ECF No. 25-7).
counsel sent a letter dated September 20, 2012, requesting
the value of “nine months' of common assessments,
” which BANA would pay “upon presentation of
adequate proof of the same.” (ECF No. 25-10 at 3).
Subsequently, the “HOA and its agent ACS refused to
provide a ledger.” (ECF No. 25 at 4).
November 7, 2012, ACS recorded a trustee's deed of sale
in favor of the HOA, which had bought the property at
auction. (ECF No. 25-8).
the HOA recorded a quitclaim deed in favor of Bella Legato
PBB Trust, Bryan Laury, as Trustee (“PBB”), on
March 19, 2013. (ECF No. 25-9).
alleges four claims in the instant action: (1) quiet
title/declaratory judgment against all defendants; (2) breach
of NRS 116.1113 against the HOA and ACS; (3) wrongful
foreclosure against the same; and (4) injunctive relief
against PBB. (ECF No. 1).