Saticoy Bay Llc Ser. 10372 Pink Cloud Vs. U.S. Bank Nat'L Ass'N

IN THE SUPREME COURT OF THE STATE OF NEVADA SATICOY BAY LLC SERIES 10372 No. 77950 PINK CLOUD, Appellant,

F vs. U.S. BANK NATIONAL ASSOCIATION, NOV 1 3 MO Res s ondent. EF'..ItY;N

P ME COURT minor!CLERK

ORDER OF AFFIRMANCE

This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; David M. Jones, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc. 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005), we affirm. t

In Saticoy Bay LLC Series 9641 Christine View v. Federal these decisions, the district court correctly determined that respondent had standing to assert the Federal Foreclosure Bar on Fannie Mae's behalf and that the foreclosure sale did not extinguish the first deed of trust because Fannie Mae owned the secured loan at the time of the sale.2

Appellant contends that it is protected as a bona fide purchaser from the Federal Foreclosure Bar's effect.3 But we have held that an HOA foreclosure sale purchaser's putative status as a bona fide purchaser is inapposite when the Federal Foreclosure Bar applies because Nevada law does not require Freddie Mac (or in this case Fannie Mae) to publicly record its ownership interest in the subject loan. Daisy Tr. v. Wells Fargo Bank, N.A., 135 Nev. 230, 233-34, 445 P.3d 846, 849 (2019). Appellant also challenges the sufficiency and admissibility of respondent's evidence dernonstrating Fannie Mae's interest in the loan and respondent's status as the loan's servicer, but we have rejected similar arguments with respect to similar evidence.4 Id. at 234-36, 445 P.3d at 850-51.

3Appellant's reliance on Shadow Wood Homeowners As.s'n v. New York Community Bancorp, Inc., 132 Nev. 49, 366 P.3d 1105 (2016), is misplaced because the district court did not grant respondent equitable relief. Rather, the district court determined that the deed of trust survived the foreclosure sale by operation of law (i.e., the Federal Foreclosure Bar).

Appellant further contends that respondent was time-barred from asserting the Federal Foreclosure Bar. To the extent that respondent's assertion of the Federal Foreclosure Bar was subject to a limitations period, it was timely asserted within six years of the HOA's foreclosure sale.5 See JPMorgan Chase Bank, National Ass'n v. SFR Investments Pool 1, LLC, 136 Nev., Adv. Op. 68 (2020) (holding that 12 U.S.C. § 4617(b)(12)'s six-year limitation period applies to any action brought to enforce the Federal Foreclosure Bar). Accordingly, the district court correctly determined that respondent's assertion was not time-barred. Cf. Saavedra-Sandoval v. Wal- Mart Stores, Inc., 126 Nev. 592, 599, 245 P.3d 1198, 1202 (2010) (recognizing that this court will affirm the district court's decision if it reached the right result, albeit for the wrong reason). 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.

Aeu,t , J. J. Hardesty Cadish at 234, 445 P.3d at 850 (recognizing that this court reviews a district court's decision to admit evidence for an abuse of discretion).

5To the extent appellant argues that respondent needed to assert the Federal Foreclosure Bar in the form of a counterclaim, we are not persuaded by that argument. cc: Hon. David M. Jones, District Judge

Law Offices of Michael F. Bohn, Ltd. Tiffany & Bosco, P. A.

Fennernore Craig P.C./Reno Eighth District Court Clerk

SUPREME COURT

OF NEVADA

(0) 1947A