NATIONSTAR MORTGAGE LLC v. SATICOY BAY LLC, SERIES

No. 19-17043.

996 F.3d 950 (2021)

NATIONSTAR MORTGAGE LLC, Plaintiff-Appellee, v. SATICOY BAY LLC, SERIES 9229 MILLIKAN AVENUE; Millikan Avenue Trust, Defendants-Appellants, and Independence II Homeowners' Association, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed May 5, 2021.


Attorney(s) appearing for the Case

Michael F. Bohn , Law Offices of Michael F. Bohn Esq. Ltd., Henderson, Nevada, for Defendants-Appellants.

R. Aaron Chastain and Benjamin W. Perry , Bradley Arant Boult Cummings LLP, Nashville, Tennessee, for Plaintiff-Appellee.

Leslie Bryan Hart and John D. Tennert III , Fennemore Craig P.C., Reno, Nevada; Asim Varma , Michael A.F. Johnson , and Dirk C. Phillips , Arnold & Porter Kaye Scholer LLP, Washington, D.C.; for Amicus Curiae Federal Housing Agency.

Before: Richard A. Paez and Lawrence VanDyke, Circuit Judges, and Sharon L. Gleason, District Judge.


OPINION

As the saying goes, "there is nothing new under the sun." That may be true of these types of Nevada homeowners association (HOA) foreclosure lawsuits generally, given that hundreds of such cases have been filed and addressed by both state and federal courts. But it is certainly true of this case in...

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