Bank of America, N.A. v. Pawlik, 111319 NVCA, 76578-COA

Docket Nº:76578-COA
Opinion Judge:GIBBONS, C.J.
Party Name:BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP; AND RECONTRUST COMPANY, N.A., Appellants, v. PAUL U. PAWLIK; AND SOUTHERN CAPITAL PRESERVATION, LLC, AS TENANTS IN COMMON, Respondents.
Judge Panel:TAO J., BULLA, J.
Case Date:November 13, 2019
Court:Court of Appeals of Nevada
 
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BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP; AND RECONTRUST COMPANY, N.A., Appellants,

v.

PAUL U. PAWLIK; AND SOUTHERN CAPITAL PRESERVATION, LLC, AS TENANTS IN COMMON, Respondents.

No. 76578-COA

Court of Appeals of Nevada

November 13, 2019

UNPUBLISHED OPINON

ORDER OF REVERSAL AND REMAND

GIBBONS, C.J.

Bank of America, N.A., and Recontrust Company, N.A. (collectively referred to as BOA), appeal from a district court summary judgment in a quiet title action. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.

The original owners of the subject property failed to make periodic payments to their homeowners' association (HOA). The HOA recorded a notice of delinquent assessment lien and later a notice of default and election to sell to collect on the past due assessments and other fees pursuant to NRS Chapter 116. BOA tendered payment to the HOA foreclosure agent for an amount that was purportedly equal to nine months of past due assessments, but the agent rejected the payment and proceeded with its foreclosure sale.

Respondents Paul U. Pawlik and Southern Capital Preservation, LLC (collectively referred to as Pawlik), later acquired the property from the person who purchased it at the HOA foreclosure sale and, in place of that person, substituted into the underlying proceeding in which the parties asserted, among other things, competing claims to quiet title to the property. The parties subsequently filed cross-motions for summary judgment, and the district court ruled in favor of Pawlik, concluding that the foreclosure sale extinguished BOA's deed of trust. This appeal followed.

This court reviews a district court's order granting summary judgment de novo. See Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005). Summary judgment is proper if the pleadings and all other evidence on file demonstrate that no genuine issue of material fact, exists and that the moving party is entitled to judgment as a matter of law. Id. When deciding a summary judgment motion, all evidence must be viewed in a light most favorable to the nonmoving party. Id. General...

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