U.S. Bank Nat'l Ass'n v. Holm Int'l Props., LLC
U.S. Bank Nat'l Ass'n v. Holm Int'l Props., LLC
Opinion of the Court
This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc.,
We conclude that the district court erroneously granted summary judgment for respondent, as appellant U.S. Bank's predecessor tendered $513 to the HOA's agent, which undisputedly represented 9 months of assessments.
ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.
Although respondent states in its answering brief that U.S. Bank's predecessor "allegedly" made a tender, respondent's summary judgment motion stated that it was "undisputed" that a $513 tender was made, and respondent's summary judgment opposition attached documents demonstrating that a $513 tender was made.
Respondent has not identified any imposed condition that U.S. Bank's predecessor was not legally entitled to impose.
Reference
- Full Case Name
- U.S. BANK NATIONAL ASSOCIATION, a National Banking Association v. HOLM INTERNATIONAL PROPERTIES, LLC, a Utah Limited Liability Company Registered as a Foreign Limited Liability in Nevada
- Status
- Published