Saticoy Bay LLC Ser. 2110 Club Meadows v. Jpmorgan Chase Bank, N.A.

Nevada Supreme Court

Saticoy Bay LLC Ser. 2110 Club Meadows v. Jpmorgan Chase Bank, N.A.

DecidedApril 30, 2019

Docket75251

StatusUnpublished

This text of Saticoy Bay LLC Ser. 2110 Club Meadows v. Jpmorgan Chase Bank, N.A. (Saticoy Bay LLC Ser. 2110 Club Meadows v. Jpmorgan Chase Bank, 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

Saticoy Bay LLC Ser. 2110 Club Meadows v. Jpmorgan Chase Bank, N.A., (Neb. 2019).

Pincite

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

No. 75251 SATICOY BAY LLC SERIES 2110 CLUB MEADOWS, li r FR :71i

Appellant, Fg If Kr,

vs. JPMORGAN CHASE BANK, N.A., APR 3 619 Respondent. 1:ROWV -

CLE BY DEP fr CLERK ORDER OF AFFIRMANCE This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729,121 P.3d 1026, 1029 (2005), we affirm.' The HOA's agent recorded, mailed, and posted the Notice of Sale during the pendency of the former homeowners' bankruptcy case. Accordingly, the district court correctly determined that the ensuing foreclosure sale was void. LN Mgmt, LLC Series 5105 Portraits Place v. Green Tree Loan Servicing, LLC, 133 Nev. 394, 396-97, 399 P.3d 359, 360- 61 (2017) (holding that foreclosure sales conducted in violation of the automatic bankruptcy stay are invalid unless the stay is retroactively annulled). Although appellant argues that respondent lacks standing to assert a violation of the automatic stay, we rejected that argument in LN Management, and we see no reason to revisit the issue. Id. at 395 n.1, 399 P.3d at 360 n.1. Additionally, although appellant argues that the district court prematurely entered summary judgment before appellant had

'Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal. SUPREME COURT OF NEVADA 1 ef. N- 2 2 i()) 19 47A ; ea exhausted all efforts to retroactively annul the automatic bankruptcy stay, we conclude that the district court was within its discretion to grant summary judgment when it did. CI Dornbach u. Tenth Judicial Dist. Court, 130 Nev. 305, 312, 324 P.3d 369, 373-74 (2014) (observing that a district court has "inherent" case-management authority). Accordingly, we ORDER the judgment of the district court AFFIRMED.

Pi ering

a. Parraguirre

J.

cc: Hon. Nancy L. Allf, District Judge Law Offices of Michael F. Bohn, Ltd. Smith Larsen & Wixom Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) ]947A

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

No. 75251 SATICOY BAY LLC SERIES 2110 CLUB MEADOWS, li r FR :71i

Appellant, Fg If Kr,

vs. JPMORGAN CHASE BANK, N.A., APR 3 619 Respondent. 1:ROWV -

CLE BY DEP fr CLERK ORDER OF AFFIRMANCE This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729,121 P.3d 1026, 1029 (2005), we affirm.' The HOA's agent recorded, mailed, and posted the Notice of Sale during the pendency of the former homeowners' bankruptcy case. Accordingly, the district court correctly determined that the ensuing foreclosure sale was void. LN Mgmt, LLC Series 5105 Portraits Place v. Green Tree Loan Servicing, LLC, 133 Nev. 394, 396-97, 399 P.3d 359, 360- 61 (2017) (holding that foreclosure sales conducted in violation of the automatic bankruptcy stay are invalid unless the stay is retroactively annulled). Although appellant argues that respondent lacks standing to assert a violation of the automatic stay, we rejected that argument in LN Management, and we see no reason to revisit the issue. Id. at 395 n.1, 399 P.3d at 360 n.1. Additionally, although appellant argues that the district court prematurely entered summary judgment before appellant had

'Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal. SUPREME COURT OF NEVADA 1 ef. N- 2 2 i()) 19 47A ; ea exhausted all efforts to retroactively annul the automatic bankruptcy stay, we conclude that the district court was within its discretion to grant summary judgment when it did. CI Dornbach u. Tenth Judicial Dist. Court, 130 Nev. 305, 312, 324 P.3d 369, 373-74 (2014) (observing that a district court has "inherent" case-management authority). Accordingly, we ORDER the judgment of the district court AFFIRMED.

Pi ering

a. Parraguirre

J.

cc: Hon. Nancy L. Allf, District Judge Law Offices of Michael F. Bohn, Ltd. Smith Larsen & Wixom Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) ]947A

Cite This Page — Counsel Stack

Bluebook (online)

Saticoy Bay LLC Ser. 2110 Club Meadows v. Jpmorgan Chase Bank, N.A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/saticoy-bay-llc-ser-2110-club-meadows-v-jpmorgan-chase-bank-na-nev-2019.