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HSBC Bank USA, N.A. v. Green Valley Pecos Homeowners Association, Inc.

United States District Court, D. Nevada

August 1, 2017

HSBC BANK USA, N.A., Plaintiffs,
v.
GREEN VALLEY PECOS HOMEOWNERS ASSOCIATION, INC., et al., Defendants.

          ORDER

         Presently before the court is plaintiff HSBC Bank USA, N.A.'s (the “bank”) motion for summary judgment. (ECF No. 47). Defendant Mike Short (“Short”) filed a response (ECF No. 53), and the bank filed a reply (ECF No. 58).

         Also before the court is Short's motion for summary judgment. (ECF No. 48). The bank filed a response and errata (ECF Nos. 52, 54); Short filed a reply (ECF No. 59).

         I. Introduction

         The instant action involves competing interests in the real property located at 2614 White Pine Dr., Henderson, NV 89074. (ECF No. 47).

         On October 5, 2011, Absolute Collection Services, LLC (“ACS”) recorded a notice of delinquent assessment lien, which identified an amount due of $1, 548.26. (ECF No. 47-3).

         On January 6, 2012, ACS recorded a notice of default and election to sell regarding the property; this notice indicated an amount due of $2, 449.81. (ECF No. 47-4).

         ACS thereafter allegedly “refused to provide a ledger or other information by which the super-priority portion of the lien could be calculated” to counsel for Bank of America, N.A. (“BANA”). (ECF No. 47 at 4).

         On April 27, 2012, ACS recorded a notice of trustee's sale, which specified an amount due of $3, 864.40. (ECF No. 47-5).

         On September 19, 2012, ACS recorded a trustee's deed upon sale, which purportedly conveyed an interest in the property to Short. (ECF No. 47-7).

         After the sale, on January 11, 2013, the bank received its alleged interest in the property through an assignment of a deed of trust. (ECF No. 47-2).

         The bank asserted four claims in its complaint: (1) quiet title/declaratory judgment; (2) breach of Nevada Revised Statutes (“NRS”) § 116.1113 against Green Valley Pecos Homeowners Association, Inc. (the “HOA”) and ACS; (3) wrongful foreclosure against the HOA and ACS; and (4) injunctive relief against Short. (ECF No. 1).

         On May 13, 2016, Short asserted counterclaims of declaratory relief, quiet title, and slander of title against the bank. (ECF No. 27).

         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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