San Florentine Ave. Tr. v. Jpmorgan Mortg. Acquisition Corp.
San Florentine Ave. Tr. v. Jpmorgan Mortg. Acquisition Corp.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
SAN FLORENTINE AVENUE TRUST, No. 73684 Appellant, vs. JPMORGAN MORTGAGE IL ACQUISITION CORPORATION, Respondent. SEP 2 8 2018 ELIZABETH A. BROWN CLERK 9F SUPREME COURT ORDER OF AFFIRMANCE DEPUTY CLERK
This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Having considered the parties' arguments and the record, we conclude that the district court properly granted summary judgment for respondent. Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005) (reviewing de novo a district court's decision to grant summary judgment). In particular, the district court determined that the $45,100 purchase price for a property valued at $369,000 was grossly inadequate. It also determined that the HOA's agent mailed respondent four letters stating that the HOA's lien was subordinate to respondent's deed of trust, with the implication being that any ensuing foreclosure sale would not extinguish respondent's deed of trust. 1 Cf. Nationstar Mortg., LLC, v.
'Appellant observes that the letters also stated "[t]his Lien may affect your position." We are not persuaded that this statement negates the letters' above-mentioned statement, as the letters appear to have been directed toward entities other than respondent and MERS. We likewise decline to consider appellant's argument that respondent failed to produce evidence showing that respondent actually interpreted the letters as a representation that its deed of trust would not be extinguished. Old Aztec SUPREME COURT OF NEVADA
(0) 1947A
/8-38(47 Saticoy Bay LLC Series 2227 Shadow Canyon, 133 Nev., Adv. Op. 91, 405 P.3d 641, 647-49 & n.8 (2017) (reaffirming that although inadequate price alone is insufficient to set aside a foreclosure sale, a sale may be set aside if there is evidence of fraud, unfairness, or oppression and that an HOA's representation that its foreclosure sale will not extinguish the deed of trust can provide the required fraud, unfairness, or oppression to justify setting aside the sale). Based on this evidence, we agree with the district court's conclusion that there were equitable grounds for setting aside the sale. See
id. We are not persuaded that appellant's putative status as a bona fide purchaser precluded the district court from granting such equitable relief. See Shadow Wood Homeowners Ass'n, Inc. v. N.Y. Catty. Bancorp, Inc., 132 Nev. 49
J. erry
Parraguirre
Stiglich
Mine, Inc. v. Brown, 97 Nev. 49, 52, 623 P.2d 981, 983 (1981). Similarly, appellant did not coherently argue in district court that respondent would have been unjustified in relying on the letters. Id. SUPREME COURT OF NEVADA 2 (0) 1947A cc: Hon. Linda Marie Bell, District Judge Janet Trost, Settlement Judge Law Offices of Michael F. Bohn, Ltd. Smith Larsen & Wixom Eighth District Court Clerk
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Reference
- Status
- Unpublished