Bank of Am., N.A. v. Desert Canyon Homeowners Ass'n

1 Citing case

  1. HSBC Bank U.S. v. Green Valley Pecos Homeowners Ass'n

    Case No. 2:16-CV-242 JCM (EJY) (D. Nev. Mar. 19, 2021)   Cited 2 times
    Finding that ACS rejected tenders that had "paid in full" written on them and the deed of trust survived under Perla

    As in other cases where tender was found futile, ACS rejected tenders that had "paid in full" written on them or were attached to letters that "contained conditions or restrictions." Bank of Am., N.A. v. Desert Canyon Homeowners Ass'n, No. 2:17-cv-00663- MMD-NJK, 2019 WL 2427945, at *4 (D. Nev. June 7, 2019) (citing testimony that "ACS would not have accepted the check if it had 'paid in full' written on it" and recognizing "ACS would reject any check attached to a letter that contained conditions or restrictions"); (ECF No 86 (ACS would reject tenders "with the [Miles Bauer] letter saying payment in full of the account" or where "paid in full [was] on the check.")). Indeed, "[a]lthough Bank of America's tender included a condition, it had a right to insist on the condition."