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Bank of America, N.A. v. Giavanna Homeowners Association

United States District Court, D. Nevada

July 26, 2017

BANK OF AMERICA, N.A., Plaintiffs,
v.
GIAVANNA HOMEOWNERS ASSOCIATION, et al., Defendants.

          ORDER

         Presently 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 filed.

         Also 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).

         Also before the court is BANA's motion for default judgment. (ECF No. 56).

         I. Introduction

         This case involves competing interests in the real property at 3648 Bella Legato Avenue, North Las Vegas, Nevada, 89081. (ECF No. 1).

         BANA 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).

         On February 1, 2011, ACS recorded a notice of delinquent assessment lien, identifying an amount owed of $1, 371.07. (ECF No. 25-4).

         On 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).

         On July 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).

         BANA's 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).

         On 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).

         Thereafter, 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).

         BANA 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).

         II. ...


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