A Mauna Kea Pl, LLC v. Bank of America, N.A.

IN THE SUPREME COURT OF THE STATE OF NEVADA

A MAUNA KEA PL, LLC, No. 74053 Appellant, vs.

BANK OF AMERICA, N.A.,

SUCCESSOR BY MERGER TO BAC

FILED HOME LOANS SERVICING, LP F/K/A 8 2 U 2019 COUNTRYWIDE HOME LOANS

SERVICING, LP, cO u Rrr Respondent. CLERK

ORDER OF AFFIRMANCE This is an appeal from a district court order granting summary judgment, certified as final under NRCP 54(b), in an action to quiet title. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005), we affirm The district court correctly determined that respondent's agent tendered $414 to the HOA's agent, which undisputedly represented 9 months of assessments. See Bank of America, N.A. v. SFR Invs. Pool 1, LLC, 134 Nev., Adv. Op. 72, 427 P.3d 113, 117 (2018) (stating that, as explained in prior decisions, "[a] plain reading of [NRS 116.3116(2) (2012)] indicates that the superpriority portion of an HOA lien includes only charges for maintenance and nuisance abatement, and nine months of unpaid [common expense] assessments"). The tender of the defaulted superpriority portion of the HOA's lien cured the default as to that portion of the lien such that the ensuing foreclosure sale did not extinguish the first

'Pursuant to NRAP 3401), we have determined that oral argument is not warranted in this appeal.

SUPREME COURT

OF

NEVADA

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VIE1111SIEMMIS AEI deed of trust. Id. at 118-21. Although appellant contends that the tender was ineffective because respondent's agent needed to record evidence of it, we recently rejected similar arguments. Id. Accordingly, the district court correctly determined that appellant took title to the property subject to the first deed of trust. We therefore

ORDER the judgment of the district court AFFIRMED.

ISO-Cl...gpossurr

Parraguirre Cadish cc: Hon. Michelle Leavitt, District Judge

The Wright Law Group

Akerman LLP/Las Vegas

Eighth District Court Clerk

SUPREME COURT

OF

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