Las Vegas Rental v. Deutsche Bank National Trust Co., 103019 NVCA, 75663-COA

Docket Nº:75663-COA
Opinion Judge:Gibbons C.J.
Party Name:LAS VEGAS RENTAL & REPAIR LLC SERIES 53, A NEVADA LIMITED LIABILITY COMPANY, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2006-8 ASSET-BACKED CERTIFICATES SERIES 2006-8, Respondent.
Judge Panel:Tao, Bulla J. Hon. Timothy C. Williams, District Judge
Case Date:October 30, 2019
Court:Court of Appeals of Nevada
 
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LAS VEGAS RENTAL & REPAIR LLC SERIES 53, A NEVADA LIMITED LIABILITY COMPANY, Appellant,

v.

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2006-8 ASSET-BACKED CERTIFICATES SERIES 2006-8, Respondent.

No. 75663-COA

Court of Appeals of Nevada

October 30, 2019

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

Gibbons C.J.

Las Vegas Rental & Repair LLC Series 53 (LVRR) appeals from a district court summary judgment in a quiet title action. Eighth Judicial District Court, Clark County; Timothy C. Williams, Judge.

The original owners of the subject property failed to make periodic payments to their homeowners' association (HOA). The HO A recorded a notice of delinquent assessments 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. Through its counsel, a predecessor-in-interest to respondent Deutsche Bank National Trust Company tendered payment to the HOA's foreclosure agent for an amount equal to nine months of past due assessments, but the agent rejected the payment and the HOA proceeded with its foreclosure sale.

LVRR purchased the property at the HOA's foreclosure sale and commenced the underlying action in which the parties asserted counterclaims seeking, among other things, to quiet title to the property. The parties subsequently filed cross-motions for summary judgment, and the district court ruled in favor of Deutsche Bank, finding that the tender extinguished the superpriority portion of the HOA's lien and that the property was therefore still subject to Deutsche Bank'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 allegations and conclusory statements do not...

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