United States District Court, D. Nevada
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.
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).
instant action involves competing interests in the real
property located at 2614 White Pine Dr., Henderson, NV 89074.
(ECF No. 47).
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).
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).
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).
April 27, 2012, ACS recorded a notice of trustee's sale,
which specified an amount due of $3, 864.40. (ECF No. 47-5).
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).
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).
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).
13, 2016, Short asserted counterclaims of declaratory relief,
quiet title, and slander of title against the bank. (ECF No.
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 ...