Arriba v. Bank of Am., N.A.
Arriba v. Bank of Am., N.A.
Opinion of the Court
This is an appeal from a district court order granting summary judgment, certified as final under NRCP 54(b), in an interpleader and quiet title action. Eighth Judicial District Court, Clark County; Jessie Elizabeth Walsh, Judge.
Having considered the parties' arguments and the record, we conclude that the district court improperly granted summary judgment for Bank of America, as appellant requested an NRCP 56(f) continuance to conduct discovery into whether Bank of America's $252 tender was sufficient to cure the default as to the superpriority portion of the HOA's lien. See Bank of America, N.A. v. SFR Invs . Pool 1, LLC, 134 Nev., Adv. Op. 72,
ORDER the judgment of the district court REVERSED AND REMAND this matter for proceedings consistent with this order.
Bank of America is not entitled to summary judgment based on its deed of trust being FHA-insured. See Renfroe v. Lakeview Loan Servicing, LLC, 133 Nev., Adv. Op. 50,
Reference
- Full Case Name
- Eva ARRIBA, an Individual v. BANK OF AMERICA, N.A., Successor by Merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP, a National Banking Association
- Status
- Published