Summary
holding that the foreclosures notice's reference to unpaid common assessments coupled with a foreclosure deed language stating that HOA conveys "all its right, title and interest" constitutes prima facie evidence that HOA foreclosed on the superpriority portion of its lien.
Summary of this case from Deutsche Bank Nat'l Trust Co. v. Sonrisa Homeowners Ass'nOpinion
No. 71273
10-20-2017
The BANK OF NEW YORK MELLON, f/k/a the Bank of New York, not in its individual capacity but solely as Trustee for the benefit of the Certificate Holders of the CWABS, Inc. Asset–Back Certificates Series 2006–6, Appellant, v. K&P HOMES, LLC, a series limited liability company of DEK Holdings, LLC, a Nevada limited liability company, Respondent.
Brooks Hubley LLP The Wright Law Group
VACATED. REMAND.