BANK OF AMERICA, NA, Successor By Merger To Bac Home Loans Servicing, LP,… v. Trp Fund Vi LLC

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BANK OF AMERICA, NA, Successor By
Merger To Bac Home Loans Servicing, LP,
Countrywide Home Loans Servicing, LP,
Plaintiff-Appellee,
v.
TRP FUND VI LLC,
Defendant-Appellant,
and
SILVERSTONE RANCH COMMUNITY
ASSOCIATION; CONTRA INVESTMENT
GROUP, LLC; HAMPTON & HAMPTON
COLLECTIONS, LLC,
Defendants.
No. 19-15454
D.C. No.
2:16-cv-01795-GMN-NJK
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, District Judge, Presiding
Submitted December 22, 2021**
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
DEC 23 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Before: O’SCANNLAIN, FERNANDEZ, and SILVERMAN, Circuit Judges
TRP Fund VI LLC (“TRP”) appeals from a grant of summary judgment for
Bank of America, NA (“Bank”) in this action for declaratory judgment and quiet
title for 8064 Celina Hills Street, Las Vegas NV (“Property”), a home within the
Silverstone Ranch Community Association (“HOA”). As the facts are known to
the parties, we repeat them only as necessary to explain our decision.
The Bank tendered the amount necessary to satisfy the superpriority portion
of the HOA’s lien on the property on August 26, 2011 when the bank tendered to
the HOA a check for $509.85, equal to nine months of delinquent HOA
assessments. See Bank of Am., N.A. v. SFR Investments Pool 1, LLC, 427 P.3d
113, 118 (Nev. 2018), as amended on denial of reh’g (Nov. 13, 2018). There were
no maintenance or nuisance abatement charges in the lien on the Property at the
time of tender. And the HOA waived any objections to the tender by accepting
tender without any conditions or objections. See Milner v. Dudrey, 362 P.2d 439,
444 (Nev. 1961).
Because the Bank satisfied the superpriority portion of the lien before the
foreclosure sale, the Bank “cured the default and prevented foreclosure as to the
superpriority portion of the HOA’s lien by operation of law.” SFR Investments
Pool 1, 427 P.3d at 116. TRP’s predecessor thus purchased the Property subject to
the Bank’s first deed of trust. Id. at 116. Therefore, the district court was correct

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to grant summary judgment for the Bank in this quiet title action.
AFFIRMED.

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