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Noonan v. Bayview Loan Servicing, LLC

Supreme Court of Nevada.
Apr 8, 2019
438 P.3d 335 (Nev. 2019)

Summary

affirming summary judgment in favor of HOA foreclosure agent on a negligent misrepresentation claim because the agent "neither made an affirmative false statement nor omitted a material fact it was bound to disclose" where the statute did not require an HOA to disclose whether the superpriority amount had been tendered

Summary of this case from Fed. Nat'l Mortg. Ass'n v. Saticoy Bay LLC

Opinion

No. 73665 No. 74525

04-08-2019

Anthony S. NOONAN; and Suzannah R. Noonan, Appellants, v. BAYVIEW LOAN SERVICING, LLC; and Hampton & Hampton Collections, LLC, Respondents. Anthony S. Noonan; and Suzannah R. Noonan, Appellants, v. Hampton & Hampton Collections, LLC, Respondent.

The Law Office of Mike Beede, PLLC Akerman LLP/Las Vegas Gerrard Cox & Larsen Brownstein Hyatt Farber Schreck, LLP/Las Vegas Holland & Hart LLP/Las Vegas


Affirm.

Reverse. Remand.


Summaries of

Noonan v. Bayview Loan Servicing, LLC

Supreme Court of Nevada.
Apr 8, 2019
438 P.3d 335 (Nev. 2019)

affirming summary judgment in favor of HOA foreclosure agent on a negligent misrepresentation claim because the agent "neither made an affirmative false statement nor omitted a material fact it was bound to disclose" where the statute did not require an HOA to disclose whether the superpriority amount had been tendered

Summary of this case from Fed. Nat'l Mortg. Ass'n v. Saticoy Bay LLC

affirming grant of summary judgment in favor of HOA collection agent because the agent "neither made an affirmative false statement nor omitted a material fact it was bound to disclose" and citing to Chapter 116 as it existed at the time of the sale, which did not require disclosure of a tender payment

Summary of this case from JPMorgan Chase Bank v. Saticoy Bay LLC Series 741 Heritage Vista
Case details for

Noonan v. Bayview Loan Servicing, LLC

Case Details

Full title:Anthony S. NOONAN; and Suzannah R. Noonan, Appellants, v. BAYVIEW LOAN…

Court:Supreme Court of Nevada.

Date published: Apr 8, 2019

Citations

438 P.3d 335 (Nev. 2019)

Citing Cases

JPMorgan Chase Bank v. Saticoy Bay LLC Series 741 Heritage Vista

Thus, Saticoy was on notice that the HOA was not warranting anything about the title being transferred,…

Fed. Nat'l Mortg. Ass'n v. Saticoy Bay LLC

Fulton thus had no duty to announce whether it had sought or obtained Fannie Mae's consent. Cf. Noonan v.…