NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NATIONSTAR MORTGAGE LLC, 

Plaintiff-counterdefendant-Appellee, 

 v. 

SATICOY BAY LLC SERIES 6132 

PEGGOTTY, 

Defendant-counterclaimant-Appellant.

 

No. 20-15212

D.C. No. 

2:16-cv-01834-APG-EJY

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Andrew P. Gordon, District Judge, Presiding

Submitted April 13, 2021**

Pasadena, California

Before: PAEZ and VANDYKE, Circuit Judges, and GLEASON,*** District Judge.

* 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).

*** The Honorable Sharon L. Gleason, United States District Judge for the District 

of Alaska, sitting by designation.

FILED

APR 15 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

Saticoy Bay LLC Series 6132 Peggotty (“Saticoy Bay”) appeals the district 

court’s order granting summary judgment to Nationstar Mortgage LLC 

(“Nationstar”) finding that Nationstar’s predecessor preserved its deed of trust by 

tendering the superpriority amount prior to the Copperfield Homeowners 

Association’s (“HOA”) foreclosure sale of a residential property. We have 

jurisdiction pursuant to 28 U.S.C. § 1291, and we review the district court’s order 

granting summary judgment and its interpretation of state law de novo. Tabares v. 

City of Huntington Beach, 988 F.3d 1119, 1124 (9th Cir. 2021). We affirm. 

Nationstar has sufficiently established that prior to the foreclosure sale, its 

predecessor tendered nine months of unpaid HOA assessments totaling $324.00 to 

the HOA’s agent, who rejected the payment.1 Thus, the superpriority portion of the 

HOA’s lien was extinguished and Saticoy Bay took ownership of the property 

subject to the deed of trust. Bank of Am., N.A. v. Arlington W. Twilight Homeowners 

Ass’n, 920 F.3d 620, 623 (9th Cir. 2019) (Arlington West) (Under Nevada law, “the 

holder of the first deed of trust can establish the superiority of its interest by showing 

that its tender satisfied the superpriority portion of the HOA’s lien.”).

2

1 The tender was made through counsel for Nationstar’s predecessor to the HOA’s 

agent, Red Rock Financial Services. 

2 At the time of the tender and prior to a 2015 amendment, the superpriority portion 

of an HOA lien under NRS 116.3116 included “only charges for maintenance and 

nuisance abatement, and nine months of unpaid assessments.” Bank of Am., N.A. 
3 

Saticoy Bay does not dispute that Nationstar’s predecessor tendered the full 

superpriority amount. Instead, Saticoy Bay pursues several arguments that are 

squarely foreclosed by binding precedent. For example, Saticoy Bay’s status as a 

bona fide purchaser is immaterial. See Diamond Spur, 427 P.3d at 119 (“Tendering 

the superpriority portion of an HOA lien . . . does not require recording.”). Likewise, 

Saticoy Bay’s assertion that the tender was rejected in good faith is irrelevant. 

Saticoy Bay LLC Series 133 McLaren v. Green Tree Serv. LLC, 478 P.3d 376, 379

(Nev. 2020) (en banc) (“An alleged good-faith basis for rejecting a timely, complete 

tender is not relevant because . . . the tender itself cures the default ‘by operation of 

law.’”). And Nationstar’s predecessor was entitled to insist on the condition that 

acceptance would satisfy the full amount of the superpriority lien without 

invalidating the tender. Arlington West, 920 F.3d at 623.

Saticoy Bay also provides a lengthy argument for why it should prevail based 

on the equities, relying heavily on Shadow Wood Homeowners Association, Inc. v. 

New York Community Bancorp, Inc., 366 P.3d 1105 (Nev. 2016). But the Supreme 

Court of Nevada recently rejected this very argument based on Shadow Wood

because tender cures the default “by operation of law” and “without regard to 

equitable concerns.” Green Tree Serv. LLC, 478 P.3d at 379.

v. SFR Invests. Pool 1, LLC, 427 P.3d 113, 117 (Nev. 2018) (en banc), as amended 

on denial of reh’g (Nov. 13, 2018) (Diamond Spur).
4 

Because we find that the deed of trust was preserved, we do not reach 

Nationstar’s due process arguments.

AFFIRMED.