Leodegario Salvador v. Bank of America, N.A.

690 F. App'x 1002

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 17, 2017
• Docket: 16-15750
• Status: Unpublished

Opinion

MEMORANDUM **

Leodegario Salvador appeals pro se from the district court’s summary judgment in his diversity action seeking to quiet title. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Progressive Cas. Ins. Co. v. Owen, 519 F.3d 1035, 1037 (9th Cir. 2008). We affirm.

The district court properly granted summary judgment because Salvador failed to raise a genuine dispute of material fact as to whether Bank of America’s interest in the subject property had been extinguished by the foreclosure sale. See Nev. Rev. Stat. § 116.3116 (a Homeowners Association (“HOA”) has a “super priority” lien with respect to other liens, and the HOA’s super priority lien may constitute up to nine months of HOA fees); SFR Invs. Pool 1 v. U.S. Bank, N.A., 130 Nev. Adv. Op. 75, 334 P.3d 408, 414 (2014) (a holder of a first deed of trust may preserve its interest in the subject property if the amount of the super priority lien is tendered prior to the HOA foreclosure sale).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.