Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bank of America, N.A. v. Arlington West Twilight Homeowners Association

United States Court of Appeals, Ninth Circuit

April 3, 2019

Bank of America, N.A., Plaintiff-Appellant,
v.
Arlington West Twilight Homeowners Association; Thomas Jessup, LLC; Thomas Jessup, LLC, Series IV; Alessi & Koenig, LLC, Defendants-Appellees.

          Argued and Submitted March 11, 2019

          Appeal from the United States District Court for the District of Nevada No. 2:16-cv-00650-JCM-CWH James C. Mahan, District Judge, Presiding

          Ariel E. Stern (argued) and William S. Habdas, Akerman LLP, Las Vegas, Nevada, for Plaintiff-Appellant.

          John William Ebert (argued) and David A. Markman, Lipson Neilson Cole Seltzer & Garin P.C., Las Vegas, Nevada, for Defendant-Appellee Arlington West Twilight Homeowners Association.

          Karen L. Hanks (argued) and Richard L. Tobler, Las Vegas, Nevada, for Defendants-Appellees Thomas Jessup LLC and Thomas Jessup LLC, Series IV.

          No appearance for Defendant-Appellee Alessi & Koenig LLC.

          Before: William A. Fletcher, Paul J. Watford, and Andrew D. Hurwitz, Circuit Judges.

         SUMMARY[*]

         Nevada Foreclosure Law

         The panel reversed the district court's summary judgment entered in favor of a homeowners' association ("HOA") in a diversity action brought by Bank of America, N.A., after the HOA conducted a foreclosure on residential real property in Las Vegas, Nevada.

         The property was in a neighborhood governed by the defendant HOA, and the original owners purchased the property using a mortgage insured by the Federal Housing Administration. The deed of trust securing the loan was later assigned to Bank of America.

         The State of Nevada grants HOAs a lien with superpriority status on property governed by the association. The portion of the lien with superpriority status consists of the last nine months of unpaid HOA dues and any unpaid maintenance and nuisance-abatement charges. Nev. Rev. Stat. § 116.3116(2).

         Concerning Bank of America's quiet title claim, the panel held that pursuant to the Nevada Supreme Court's decision in Bank of America, N.A. v. SFR Invs. Pool 1, LLC, 427 P.3d 113 (Nev. 2018), the bank's tender of $423, based on the ledger provided by the HOA, plainly satisfied the superpriority portion of the HOA's lien. The panel rejected the HOA's argument that it had a good-faith basis for rejecting the tender.

         The panel rejected Bank of America's argument that the Nevada HOA lien statute violated the Due Process Clause. The panel held that Bourne Valley Court Trust v. Wells Fargo Bank, NA, 832 F.3d 1154 (9th Cir., 2016) (holding that Nev. Rev. Stat. § 116.3116 et seq. was facially unconstitutional because it contained an impermissible opt-in notice scheme), no longer controlled the issue in light of the Nevada Supreme Court's decision in SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248, 150-53 (Nev. 2018), which clarified that Nev. Rev. Stat. § 116.31168(1) incorporated the mandatory notice requirements of Nev. Rev. Stat. § 1107.090. The panel concluded that Nev. Rev. Stat. § 116.3116 et seq. was not facially unconstitutional on the basis of an impermissible opt-in scheme, and Bank of America received actual notice in this case.

         The panel agreed with the Nevada Supreme Court's decision in Renfroe v. Lakeview Loan Servicing, LLC, 398 P.3d 904 (Nev. 2017), which held that Nev. Rev. Stat. § 116.3116 et seq. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.