NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARRINGTON MORTGAGE SERVICES, 

LLC, 

Plaintiff-counterdefendant-Appellee, 

 v. 

LIBERTY AT MAYFIELD COMMUNITY 

ASSOCIATION, 

Defendant, 

and 

SFR INVESTMENTS POOL 1, LLC, 

Defendant-counter-claimantAppellant.

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 APPEALS
2 

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 nonjudicial 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 trust 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 determination 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 maintenance 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 Investments Pool 1, LLC

(Diamond Spur), 427 P.3d 113, 118, 121 (Nev. 2018) (en banc). And, the 

misstatement did not make the tender impermissibly conditional because it did not 

require anything of the HOA. See id. at 118; see also Alliant Commercial, LLC v. 

Bank of 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 foreclosure 
4 

sale on a mortgage lien after valid tender satisfies that lien is void, as the lien is no 

longer in default.” Id. 

AFFIRMED.