Saticoy Bay Llc Ser. 10717 Refectory Vs. Bank Of America, N.A.
Saticoy Bay Llc Ser. 10717 Refectory Vs. Bank Of America, N.A.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
SATICOY BAY LLC SERIES 10717 No. 82153 REFECTORY, Appellant, vs. FILE BANK OF AMERICA, N.A., NOV 1 0 2021 Res • ondent. .6: BROWN CUM 8 RENE COURT ORDER OF AFFIRMANCE CIARX
This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; James Crockett, Judge.' The district court granted summary judgment for respondent and denied appellant's request to file an amended complaint asserting NRS 106.240 as a basis for relief. In so doing, it determined that amendment would be futile in light of this court's decision in Glass v. Select Portfolio Servicing, Inc., Docket No. 78325, Order of Affirmance, at *2-3 (July 1, 2020), which held that a Notice of Rescission rescinding a previously recorded Notice of Default "effectively cancelled the acceleration" triggered by the Notice of Default, such that NRS 106.240s 10-year period was reset. On appeal, appellant contends that (1) it did not need to file an amended complaint to assert NRS 106.240 as a basis for relief; and (2) the Notice of Rescission in this case is different from the Notice of Rescission in Glass, such that the Notice of Rescission in this case did not cancel the acceleration. While we find appellant's first argument dubious, we need not
1Pursuant to NIIAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.
SUPREME COURT
OF NEVADA
(01 19•17A ¿ 1..32371 conclusively resolve it, as appellant's second argument is simply inaccurate. The Notice of Rescission in this case is substantively identical to the Notice of Rescission in Glass. Accordingly, the district court correctly determined that the Notice of Rescission here had the same effect.2 Accordingly, we ORDER the judgment of the district court AFFIRMED.3
C.J. Hardesty
, J. Cadish Gibbons
cc: Hon. James Crockett, District Judge Ara H. Shirinian, Settlement Judge Roger P. Croteau & Associates, Ltd. Akerman LLP/Las Vegas Eighth District Court Clerk
2To the extent appellant argues that the district court should have ordered an accounting reflecting a zero balance on the secured loan, this argument is meritless.
3The Honorable Mark Gibbons, Senior Justice, participated in the decision of this /natter under a general order of assignment. SUPREME COURT OF NEVADA
2 MI 1447A eitia,
Opinion
Reference
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