BAC Home Loans Servicing, LP v. Karmi Props. LLC
BAC Home Loans Servicing, LP v. Karmi Props. LLC
Opinion of the Court
This is an appeal from an 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.,
Appellant BAC Home Loans argues that the district court erred in determining that its tender of an amount equal to nine months of common expense assessments before the HOA foreclosure sale was not legally sufficient to cure the default on the superpriority portion of the HOA's lien. We agree because the bases for the district court's decision-that the tender included improper conditions, was a partial payment, and was not recorded-were recently rejected by this court in Bank of America, N.A. v. SFR Investments Pool 1, LLC, 134 Nev., Adv. Op. 72,
ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.
Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted.
We disagree with respondent's interpretation of the letter that accompanied the payment as requiring the HOA or its agent to agree that the payment was the maximum amount that the HOA could recover from any source or to waive any delinquent assessments that might accrue against the property in the future.
Reference
- Full Case Name
- BAC HOME LOANS SERVICING, LP, f/k/a Countrywide Home Loans Servicing LP Recontrust Company, N.A. and Countrywide Bank FSB v. KARMI PROPERTIES LLC
- Cited By
- 1 case
- Status
- Published