KIELTY v. Federal Home Loan Mortgage Corporation, Defendant-Counter-Claimant-Appellee, (2019)

United States Court of Appeals, Ninth Circuit.

John R. KIELTY, Plaintiff-Counter-Defendant-Appellant, v. NATIONSTAR MORTGAGE, LLC, et al., Defendants-Appellees, Federal Home Loan Mortgage Corporation, Defendant-Counter-Claimant-Appellee,
Federal Housing Finance Agency, Intervenor-Defendant-Appellee, Rancho Lake Condominium Unit-Owners' Association, Inc., Counter-Defendant. John R. Kielty, Plaintiff-Counter-Defendant-Appellee, v. Nationstar Mortgage, LLC, et al., Defendants, Rancho Lake Condominium Unit-Owners' Association, Inc., Counter-Defendant, Federal Home Loan Mortgage Corporation, Defendant-Counter-Claimant-Appellant, Federal Housing Finance Agency, Intervenor-Defendant-Appellant.

No. 17-16913, No. 17-17080

Decided: September 16, 2019

Before: GOULD, BEA, and FRIEDLAND, Circuit Judges.

Luis A. Ayon, Ayon Law, PLLC, Las Vegas, NV, for Plaintiff-counter-defendant-Appellant Jory C. Garabedian, Esquire, Aldridge Pite, LLP, San Diego, CA, Melanie Dawn Morgan, Esquire, Attorney, Donna M. Wittig, Attorney, Akerman LLP, Las Vegas, NV, for Defendants-Appellees Nationstar Mortgage LLC, Federal Home Loan Mortgage Corporation Howard N. Cayne, Attorney, Michael A. Johnson, Asim Varma, Esquire, Arnold & Porter Kaye Scholer LLP, Washington, DC, John D. Tennert, III, Fennemore Craig, P.C., Reno, NV, Jory C. Garabedian, Esquire, Aldridge Pite, LLP, San Diego, CA, Melanie Dawn Morgan, Esquire, Attorney, Akerman LLP, Las Vegas, NV, for Intervenor-Defendant-Appellee

MEMORANDUM **

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.

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