U.S. Bank N. A. v. Nevada Sandcastles, LLC, 091619 NVSC, 75341

Docket Nº:75341
Party Name:U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HARBORVIEW MORTGAGE LOAN TRUST 2006-1 MORTGAGE LOAN PASS-THROUGH CERTIFICATES, SERIES 2006-1, Appellant, v. NEVADA SANDCASTLES, LLC, Respondent.
Judge Panel:Hardesty J., Stiglich J., Silver J. Hon. Tierra Danielle Jones, District Judge
Case Date:September 16, 2019
Court:Supreme Court of Nevada
 
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U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE HARBORVIEW MORTGAGE LOAN TRUST 2006-1 MORTGAGE LOAN PASS-THROUGH CERTIFICATES, SERIES 2006-1, Appellant,

v.

NEVADA SANDCASTLES, LLC, Respondent.

No. 75341

Supreme Court of Nevada

September 16, 2019

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

This is an appeal from a district court order granting respondent Nevada Sandcastles, LLC's, motion for summary judgment and denying appellant U.S. Bank National Association's motion for summary judgment. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

In 2012, U.S. Bank recorded a notice of default of its deed of trust on the property at issue after the homeowners defaulted on their loan. In 2013, the homeowners' association (HOA) for the property filed a notice of delinquent assessment lien after the homeowners failed to pay their dues. In 2014, the HOA rescinded this notice and recorded a new notice on the same day identifying an updated lien amount. Later that year, U.S. Bank acquired title to the property and the HOA recorded its notice of foreclosure sale. Subsequently, U.S. Bank twice requested an itemized payoff statement from the HOA, which the HOA provided both times. The HOA required, and the U.S. Bank provided, a $150 fee to obtain the first payoff amount demand. To accommodate U.S. Bank's request and attempt to tender its superpriority amount, the HOA postponed the foreclosure sale of the property and provided a second payoff demand. U.S. Bank requested a third payoff amount and asked the HOA to postpone the scheduled foreclosure sale yet again. In doing so, U.S. Bank affirmed its intent to pay off the nine month superpriority amount. The HOA refused to extend the date of the foreclosure sale, and Nevada Sandcastles purchased the property at the HOA foreclosure sale.

Nevada Sandcastles then filed suit in district court to quiet title to the property. U.S. Bank filed a counterclaim seeking the same. Both parties moved for summary judgment, and the district court granted summary judgment in favor of Nevada Sandcastles. It concluded that the HOA sale complied with NRS 116.31162 and that, despite its requests for the payoff amount, U.S. Bank never actually tendered the...

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