JOHN KIELTY V. NATIONSTAR MORTGAGE, LLC, No. 17-16913 (9th Cir. 2019)
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 16 2019 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT JOHN R. KIELTY, Plaintiff-CounterDefendant-Appellant, v. No. U.S. COURT OF APPEALS 17-16913 D.C. No. 2:15-cv-00230-RCJ-GWF MEMORANDUM* NATIONSTAR MORTGAGE, LLC, et al., Defendants-Appellees, FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendant-Counter-ClaimantAppellee, FEDERAL HOUSING FINANCE AGENCY, Intervenor-DefendantAppellee, and RANCHO LAKE CONDOMINIUM UNITOWNERS' ASSOCIATION, INC., Counter-Defendant. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. JOHN R. KIELTY, No. Plaintiff-CounterDefendant-Appellee, 17-17080 D.C. No. 2:15-cv-00230-RCJ-GWF v. NATIONSTAR MORTGAGE, LLC, et al., Defendants, RANCHO LAKE CONDOMINIUM UNITOWNERS' ASSOCIATION, INC., Counter-Defendant, and FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendant-Counter-ClaimantAppellant, FEDERAL HOUSING FINANCE AGENCY, Intervenor-DefendantAppellant. 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 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 17-16913
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