Bank of America, N.A. v. Hidden Canyon Owners Association et al

Filing 113

ORDER. IT IS ORDERED that the deed of trust, instrument number 20040726-0004623 recorded with the Clark County Recorder, was not extinguished by the HOA's foreclosure sale. See order for further details. Signed by Judge Richard F. Boulware, II on 5/16/2022. (Copies have been distributed pursuant to the NEF - LOE)

Case 2:16-cv-02764-RFB-EJY Document 113 Filed 05/16/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,

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Plaintiff,

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v.

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HIDDEN
CANYON
ASSOCIATION, et al.,

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Defendants.

Case No. 2:16-cv-02764-RFB-EJY
ORDER

HOMEOWNERS

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Plaintiff BANA filed the Complaint in this action on December 2, 2016, seeking

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declaratory relief from this Court that a nonjudicial foreclosure sale conducted in 2013 under

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Chapter 116 of the Nevada Revised Statutes did not extinguish the Deed of Trust encumbering a

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Las Vegas property. ECF No. 1. On March 24, 2017, the Court stayed the case pending resolution

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of pertinent Ninth Circuit and Nevada Supreme Court cases. ECF No. 20. The Court lifted the stay

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on April 10, 2019. ECF No. 34.

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Defendant SFR filed its motion to dismiss on May 29, 2019. ECF No. 38. BANA moved

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for summary judgment on June 21, 2019. ECF No. 42. Defendant Hidden Canyon Owners

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Association moved for summary judgment on July 16, 2019. ECF No. 48. Defendant SFR also

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moved for summary judgment on July 16, 2019. On March 31, 2020, this Court denied SFR's

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motion to dismiss, ECF No. 38, and BANA's Motion for Partial Summary Judgment, ECF No. 42,

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without prejudice. This Court also granted Hidden Canyon Owners Association's Motion for

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Summary Judgment, ECF No. 48. Additionally, this Court ordered BANA to submit supplemental

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briefing on whether the Court has subject matter jurisdiction over this case. ECF No. 71. On May

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6, 2020, BANA filed its supplemental briefing and renewed motion for summary judgment, ECF
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Case 2:16-cv-02764-RFB-EJY Document 113 Filed 05/16/22 Page 2 of 2

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Nos 81, 82. After briefing was complete by the parties, SFR filed a motion to stay on February 12,

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2021. ECF No. 90. On February 25, 2021 the court granted the motion to stay, ECF No. 91,

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pending writ of certiorari regarding M&T Bank et al v. SFR Investments Pool 1, LLC et al, No.

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18-17395. On May 17, 2021, BANA filed a notice that the petition for writ of certiorari was denied

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and renewed its motions for summary judgment. ECF No. 95. On June 7, 2021 SFR filed its

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Countermotion for Rule 56(d) Relief. ECF No. 97.

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On March 29, 2022, the Court held a hearing on Plaintiff’s renewed motions for summary

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judgment and Defendant SFR’s Countermotion for Rule 56(d) Relief. ECF No. 107. The Court

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granted the motions for summary judgment and denied Defendant’s countermotion on the record.

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Id. The Court instructed the parties to meet and confer and to submit a proposed order to be filed

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with county officials pursuant to the Court’s instruction on the record. That proposed order was

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filed on April 12, 2022. ECF No. 112.

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For the reasons stated on the record at the Court’s March 29 hearing, IT IS ORDERED

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that the deed of trust, instrument number 20040726-0004623 recorded with the Clark County

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Recorder, was not extinguished by the HOA's foreclosure sale.

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IT IS FURTHER ORDERED that the deed of trust, instrument number 20040726-

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0004623 with the Clark County Recorder, remains a valid, first-position lien encumbering the

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property located at 1526 Woodward Heights Way, North Las Vegas, Nevada 89032, assessor's

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parcel no. 250-139-09-310-010.

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IT IS FURTHER ORDERED that the lis pendens, ECF No. 3, recorded in the official

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records of the Clark County Recorder on December 20, 2016 as Instrument no. 20161220-0001229

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is released.

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The Clerk of the Court is instructed to enter judgment accordingly and close the case.
DATED THIS 16th day of May, 2022

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
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