A Mauna Kea Pl, LLC v. Bank of America, N.A.

Nevada Supreme Court

A Mauna Kea Pl, LLC v. Bank of America, N.A.

DecidedFebruary 20, 2019

Docket74053

StatusUnpublished

This text of A Mauna Kea Pl, LLC v. Bank of America, N.A. (A Mauna Kea Pl, LLC v. Bank of America, N.A.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A Mauna Kea Pl, LLC v. Bank of America, N.A., (Neb. 2019).

Pincite

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

A MAUNA KEA PL, LLC, No. 74053 Appellant, vs. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC FILED HOME LOANS SERVICING, LP F/K/A 8 2 U 2019 COUNTRYWIDE HOME LOANS SERVICING, LP, cO u Rrr

Respondent. CLERK

ORDER OF AFFIRMANCE This is an appeal from a district court order granting summary judgment, certified as final under NRCP 54(b), in an action to quiet title. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005), we affirm The district court correctly determined that respondent's agent tendered $414 to the HOA's agent, which undisputedly represented 9 months of assessments. See Bank of America, N.A. v. SFR Invs. Pool 1, LLC, 134 Nev., Adv. Op. 72, 427 P.3d 113, 117 (2018) (stating that, as explained in prior decisions, "[a] plain reading of [NRS 116.3116(2) (2012)] indicates that the superpriority portion of an HOA lien includes only charges for maintenance and nuisance abatement, and nine months of unpaid [common expense] assessments"). The tender of the defaulted superpriority portion of the HOA's lien cured the default as to that portion of the lien such that the ensuing foreclosure sale did not extinguish the first

'Pursuant to NRAP 3401), we have determined that oral argument is not warranted in this appeal. SUPREME COURT OF NEVADA

(0) IMTA F4PF' • nakt,1 21:11 a VIE1111SIEMMIS AEI deed of trust. Id. at 118-21. Although appellant contends that the tender was ineffective because respondent's agent needed to record evidence of it, we recently rejected similar arguments. Id. Accordingly, the district court correctly determined that appellant took title to the property subject to the first deed of trust. We therefore ORDER the judgment of the district court AFFIRMED.

ISO-Cl...gpossurr Parraguirre Cadish

cc: Hon. Michelle Leavitt, District Judge The Wright Law Group Akerman LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0.1 194Th 0

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE SUPREME COURT OF THE STATE OF NEVADA

A MAUNA KEA PL, LLC, No. 74053 Appellant, vs. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC FILED HOME LOANS SERVICING, LP F/K/A 8 2 U 2019 COUNTRYWIDE HOME LOANS SERVICING, LP, cO u Rrr

Respondent. CLERK

ORDER OF AFFIRMANCE This is an appeal from a district court order granting summary judgment, certified as final under NRCP 54(b), in an action to quiet title. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005), we affirm The district court correctly determined that respondent's agent tendered $414 to the HOA's agent, which undisputedly represented 9 months of assessments. See Bank of America, N.A. v. SFR Invs. Pool 1, LLC, 134 Nev., Adv. Op. 72, 427 P.3d 113, 117 (2018) (stating that, as explained in prior decisions, "[a] plain reading of [NRS 116.3116(2) (2012)] indicates that the superpriority portion of an HOA lien includes only charges for maintenance and nuisance abatement, and nine months of unpaid [common expense] assessments"). The tender of the defaulted superpriority portion of the HOA's lien cured the default as to that portion of the lien such that the ensuing foreclosure sale did not extinguish the first

'Pursuant to NRAP 3401), we have determined that oral argument is not warranted in this appeal. SUPREME COURT OF NEVADA

(0) IMTA F4PF' • nakt,1 21:11 a VIE1111SIEMMIS AEI deed of trust. Id. at 118-21. Although appellant contends that the tender was ineffective because respondent's agent needed to record evidence of it, we recently rejected similar arguments. Id. Accordingly, the district court correctly determined that appellant took title to the property subject to the first deed of trust. We therefore ORDER the judgment of the district court AFFIRMED.

ISO-Cl...gpossurr Parraguirre Cadish

cc: Hon. Michelle Leavitt, District Judge The Wright Law Group Akerman LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0.1 194Th 0

Cite This Page — Counsel Stack

Bluebook (online)

A Mauna Kea Pl, LLC v. Bank of America, N.A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-mauna-kea-pl-llc-v-bank-of-america-na-nev-2019.

Opinion

Related

Cite This Page — Counsel Stack