NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARRINGTON MORTGAGE SERVICES, LLC,

Plaintiff

- counter

defendant

- Appellee,

v.

LIBERTY AT MAYFIELD COMMUNITY ASSOCIATION,

Defendant,

and

SFR INVESTMENTS POOL 1, LLC,

Defendant

- counter

- claimant

Appellant. No. 19

- 15911

D.C. No. 2:17

- cv

- 01530

- JAD

- PAL

MEMORANDUM *

Appeal from the United States District Court for the District of Nevada Jennifer A. Dorsey, District Judge, Presiding
Submitted July 14, 2020 * * San Francisco, California

* 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

JUL 16 2020

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2

Before: IKUTA and HURWITZ, Circuit Judges, and TAGLE, ** * District Judge.

In 2009, two individuals purchased a Nevada residence with a loan secured
by a deed of trust ; Bank of America later acquired the deed of trust. After the buyers
failed to pay assessments of the Liberty at Mayfield Community Association (the
“HOA”), the HOA recorded a Notice of Default and Election to Sell. Bank of

America ’s attorneys obtained the account ledger identifying the total amount due

and tendered a cashier’s check for nine months of HOA dues. The HOA rejected

the tender and sold the property at a nonjudicia l foreclosure sale in 2013 to SFR

Investments Pool 1, LLC

.
Bank of America later assigned the deed of trust to Carrington Mortgage

Services, LLC. In 2017, Carrington brought this quiet title action against SFR and

the HOA , alleging that the deed of trus t still encumbered the property. The district
court entered summary judgment for Carrington. We have jurisdiction over SFR’s
appeal pursuant to 28 U.S.C. § 1291 and affirm.

1. Carrington had standing to bring a quiet title action. Carrington
proffered unrebutted evidence that it was assigned the deed of trust. See Edelstein
v. Bank of N.Y. Mellon , 286 P.3d 249, 260 (Nev. 2012). A quiet title action is simply
a judicial determ ination of the claimed interests in real property. See Chapman v.

*** The Honorable Hilda G. Tagle, United States District Judge for the Southern District of Texas, sitting by designation.3

Deutsche Bank Nat’l Tr. Co. , 302 P.3d 1103, 1106

– 07 (Nev. 2013) (citing Nev. Rev.

Stat. § 40.010 )

. A deed of trust establishes the holder’s interest in the property even
if separated from the promissory note. Edelstein , 286 P.3d at 259

– 60 ; see also In re

Montierth , 354 P.3d 648, 650

– 51 (Nev. 2015)

.
2. Bank of America’s tender satisfied the superpriority portion of the

HOA lien. Because the HOA’s ledger did not list any charges for mainten ance or
nuisance abatement, the tender of nine months of HOA dues covered the entire
superpriority amount. See Bank of Am., N.A. v. Arlington W. Twilight Homeowners

Ass’n , 920 F.3d 620, 623 (9th Cir. 2019) (per curiam)

. Even assuming the tender
letter inaccurately claimed that certain charges were junior to the deed of trust, no
such charges are at issue and thus the purported misstatement did not alter the
tender’s legal effect. See Bank of Am., N.A. v. SFR Investment s Pool 1, LLC
( Diamond Spur ) , 427 P.3d 113, 118, 121 ( Nev. 2018) (en banc). And, the
misstatement did not make the tender impermissibly condition al because it did not
require anything of the HOA. See id. at 118; see also Alliant Commercial, LLC v.

Bank o f N.Y. Mellon
, 443 P.3d 544 (Nev. 2019) (unpublished table decision)
(analyzing a nearly identical tender letter)

.
3. SFR’s purported status as a bona fide purchaser (“BFP”) does not affect

the result . “A party’s status as a BFP is irrelevant when a defect in the foreclosure
proceeding renders the sale void.” Diamond Spur , 427 P.3d at 121. “ A foreclosure4

sale on a mortgage lien after valid tender satisfies that lien is void, as the lien is no
longer in default .” Id.

AFFIRMED.