Lakeview Loan Servicing, LLC v. Saticoy Bay LLC, Series 8952 ( 2021 )

FILED
NOT FOR PUBLICATION
FEB 19 2021
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LAKEVIEW LOAN SERVICING, LLC, No. 20-15187
Plaintiff-Appellee, D.C. No.
2:16-cv-01593-RFB-EJY
v.
SATICOY BAY LLC, SERIES 8952 MEMORANDUM*
COLLEGE GREEN,
Defendant-Appellant,
and
SAVANNAH PLACE HOMEOWNERS’
ASSOCIATION; RMI MANAGEMENT
LLC, DBA Red Rock Financial Services,
Defendants.
Appeal from the United States District Court
for the District of Nevada
Richard F. Boulware II, District Judge, Presiding
Argued and Submitted February 5, 2021
San Francisco, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
Before: SILER,** IKUTA, and NGUYEN, Circuit Judges.
Saticoy Bay LLC, Series 8952 College Green (Saticoy) timely appeals the
grant of summary judgment in favor of Lakeview Loan Servicing, LLC
(Lakeview). The district court had jurisdiction under 28 U.S.C. § 1332, and we
have jurisdiction under 28 U.S.C. § 1291.
The foreclosure sale did not extinguish the first deed of trust because Miles
Bauer tendered the superpriority amount to Red Rock. See Bank of Am., N.A. v.
SFR Invs. Pool 1, LLC (Diamond Spur), 134 Nev. 604, 607 (2018). Saticoy argues
that Miles Bauer’s presale tender could not preserve the first deed of trust because
the foreclosure deed contained recitals that the lender defaulted on the
homeowner’s association lien, and these recitals were conclusive pursuant to
Nevada Revised Statutes § 116.31166, subject only to equitable considerations.
This argument fails, because a “valid tender cure[d] [the] default by operation of
law—that is, without regard to equitable considerations.” Saticoy Bay LLC Series
133 McLaren v. Green Tree Serv’g LLC, 478 P.3d 376, 379 (Nev. 2020) (cleaned
up). Saticoy’s arguments that Green Tree Servicing was wrongly decided are
meritless, because we are bound by the decisions of the state supreme court
**
The Honorable Eugene E. Siler, United States Circuit Judge for the
U.S. Court of Appeals for the Sixth Circuit, sitting by designation.
2
regarding state law. See Zadrozny v. Bank of N.Y. Mellon, 720 F.3d 1163, 1169
(9th Cir. 2013). Miles Bauer was also not obligated to record its tender, see
Diamond Spur, 134 Nev. at 610, and even if Saticoy were a bona fide purchaser,
such status is irrelevant because “after a valid tender of the superpriority portion of
an HOA lien, a foreclosure sale on the entire lien is void as to the superpriority
portion,” id. at 612.
AFFIRMED.
3