Carrington Mortg. Holdings, LLC v. R Ventures VIII, LLC
Carrington Mortg. Holdings, LLC v. R Ventures VIII, 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; Elissa F. Cadish, 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 Carrington's predecessor tendered $655.14 to the HOA's agent, which undisputedly exceeded 9 months of assessments. See Horizons at Seven Hills Homeowners Ass'n v. Ikon Holdings, LLC,
ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.
We are not persuaded by respondent's argument that the letter accompanying the check conditioned acceptance of the tender as an agreement that the entire unpaid balance was being paid in full. To the contrary, the letter expressly stated that "BANA's financial obligations towards the HOA have now been 'paid in full.' " (emphasis added). Cf. 1982 Uniform Common Interest Ownership Act, § 3-116 cmt. 1 (observing that a secured lender can protect its security interest by paying the superpriority portion of an HOA's lien); 1994 & 2008 Uniform Common Interest Ownership Acts, § 3-116 cmt. 2 (same).
Reference
- Full Case Name
- CARRINGTON MORTGAGE HOLDINGS, LLC v. R VENTURES VIII, LLC, a Nevada Series Limited Liability Company of the Container R Ventures, LLC Under NRS 86.296
- Status
- Published