U.S. BANK v. WHITE HORSE ESTATES HOMEOWNERS ASS'N

No. 19-17033.

987 F.3d 858 (2021)

U.S. BANK, N.A., Trustee for Banc of America Funding Corporation Mortgage Pass-Through Certificates, Series 2005-F, Plaintiff-Counter-Defendant-Appellant, v. WHITE HORSE ESTATES HOMEOWNERS ASSOCIATION, Defendant-Appellee, SFR Investments Pool 1, LLC, Defendant-Counter-Claimant-Cross-Claimant-Appellee, v. Meridias Capital, Inc.; Mat Holdings, LLC, Cross-Claim-Defendants.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2021.


Attorney(s) appearing for the Case

Melanie D. Morgan (argued) and Donna M. Wittig , Akerman LLP, Las Vegas, Nevada, for Plaintiff-Counter-Defendant-Appellant.

Jason Martinez (argued), Jacqueline A. Gilbert , and Diana S. Ebron , Kim Gilbert Ebron, Las Vegas, Nevada, for Defendant-Counter-Claimant-Cross-Claimant-Appellee.

Sean L. Anderson and Ryan D. Hastings , Leach Kern Gruchow Anderson Song, Las Vegas, Nevada, for Defendant-Appellee.

Dissent by Judge Ikuta.


OPINION

Under Nevada law, a court has equitable discretion to set aside a valid foreclosure sale only if fraud, unfairness, or oppression affected the sale. In this case, a mortgage-savings clause in the applicable covenants, conditions, and restrictions ("CC&Rs") provided—contrary to Nevada law—...

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