John R. Kielty v. Nationstar Mortgage, LLC

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN R. KIELTY,
Plaintiff-Counter-
Defendant-Appellant,
v.
NATIONSTAR MORTGAGE, LLC, et al.,
Defendants-Appellees,
FEDERAL HOME LOAN MORTGAGE
CORPORATION,
Defendant-Counter-Claimant-
Appellee,
FEDERAL HOUSING FINANCE
AGENCY,
Intervenor-Defendant-
Appellee,
and
RANCHO LAKE CONDOMINIUM UNIT-
OWNERS' ASSOCIATION, INC.,
Counter-Defendant.
No. 17-16913
D.C. No.
2:15-cv-00230-RCJ-GWF
MEMORANDUM*
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
FILED
SEP 16 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 3 --

2 17-16913
JOHN R. KIELTY,
Plaintiff-Counter-
Defendant-Appellee,
v.
NATIONSTAR MORTGAGE, LLC, et al.,
Defendants,
RANCHO LAKE CONDOMINIUM UNIT-
OWNERS' ASSOCIATION, INC.,
Counter-Defendant,
and
FEDERAL HOME LOAN MORTGAGE
CORPORATION,
Defendant-Counter-Claimant-
Appellant,
FEDERAL HOUSING FINANCE
AGENCY,
Intervenor-Defendant-
Appellant.
No. 17-17080
D.C. No.
2:15-cv-00230-RCJ-GWF
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, District Judge, Presiding
Submitted September 12, 2019**
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 2 of 3 --

3 17-16913
San Francisco, California
Before: GOULD, BEA, and FRIEDLAND, Circuit Judges.
John R. Kielty appeals the district court’s grant of summary judgment in
favor of Nationstar Mortgage LLC, the Federal Home Loan Mortgage Corporation,
and the Federal Housing Finance Agency (collectively, “Appellees”). Reviewing
de novo, Berezovsky v. Moniz, 869 F.3d 923, 927 (9th Cir. 2017), we affirm.
The homeowners association’s foreclosure sale, see Nev. Rev. Stat.
§ 116.3116, did not extinguish Appellees’ deed of trust on the property at issue.
When Nationstar’s predecessor mortgage servicer tendered the full amount due the
homeowners association, the homeowners association’s superpriority lien on the
property was discharged. Bank of Am., N.A. v. SFR Invs. Pool 1, LLC, 427 P.3d
113, 117-19 (Nev. 2018). Nevada law does not require that tender to be recorded.
Id. at 119-20. Kielty’s status as a bona fide purchaser of the property, which we
need not reach, is irrelevant to the survival of Appellees’ interest in the property.
Id. at 121.
The judgment in case No. 17-16913 is AFFIRMED. The cross-appeal in
case No. 17-17080 is DISMISSED as moot. The parties shall bear their own costs
on appeal.

-- 3 of 3 --