Bank of New York Mellon v. Enchantment at Sunset Bay Condominium Ass'n
| Docket Number | 19-17048 |
| Decision Date | 25 June 2021 |
The Ninth Circuit reversed the district court's grant of summary judgment in favor of the 732 Hardy Way trust, the denial of summary judgment to the Bank, and the dismissal of the Bank's claims against the HOA in a quiet title action brought by the Bank, concerning title to real property in Nevada that was subject to a HOA nonjudicial foreclosure sale. At issue is whether the Bank, as the first deed of trust lienholder, may set aside a completed superpriority lien foreclosure sale on the...
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5 cases
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Cap Call, LLC v. Foster (In re Shoot the Moon, LLC)
..."is avoided" under various sections and "any lien void under section 506(d)"); Bank of N.Y. Mellon v. Enchantment at Sunset Bay Condo. Ass'n , 2 F.4th 1229, 1235-37 (9th Cir. 2021) (VanDyke, J., concurring) (tracing historical distinction between the separate concepts of "void" and "voidabl......
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Valentine v. Holmes (In re Valentine)
...Bank of New York, as Trustee for the Certificate Holders of CWALT, INC., Alternative Loan Trust 2005-54CB, Mortgage Pass-Through Certificates Series 2005-54CB v. Enchantment at Sunset Bay Condominium Assoc., 2 F.4th 1229, 1235 (9th Cir. 2021) (VanDyke, J., concurring) (stating "we have cons......
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Overland Direct, Inc. v. Aframian
... ... See Bank of New ... York Mellon as Trustee for ... Series ... 2005-54CB v. Enchantment at Sunset Bay Condo. Assn., 2 ... F.4th ... 2001) ... (“[a]ny relief for a violation of the stay must be ... ...
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SFR Invs. Pool 1 v. U.S. Bank
... ... Grp., LLC v. Bank of New York Mellon as ... Tr. for Certificateholders of CWABS, ... v. Enchantment at Sunset Bay Condo. Ass'n , 2 F.4th ... ...
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2 firm's commentaries
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Ninth Circuit Finds Bank May Set Aside HOA Sale Conducted During Bankruptcy As Void
...CWALT, Inc., Alternative Loan Tr. 2005-54CB, Mortg. Pass-Through Certificates Series 2005-54CB v. Enchantment at Sunset Bay Condo. Ass'n, 2 F.4th 1229 (9th Cir. 2021). In the case, Harold Hill ('Hill') purchased property at 732 Hardy Way, Mesquite, Nevada. The Bank was a first deed of trust......
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Ninth Circuit Finds Bank May Set Aside HOA Sale Conducted During Bankruptcy As Void
...CWALT, Inc., Alternative Loan Tr. 2005-54CB, Mortg. Pass-Through Certificates Series 2005-54CB v. Enchantment at Sunset Bay Condo. Ass'n, 2 F.4th 1229 (9th Cir. 2021). In the case, Harold Hill ('Hill') purchased property at 732 Hardy Way, Mesquite, Nevada. The Bank was a first deed of trust......