U.S. Bank, N.A. v. Sfr Investments Pool 1, LLC, 20-17449

Property subject to Antelope Canyon HOA; homeowner fell delinquent and A&K (on behalf of the HOA) conducted a nonjudicial foreclosure on the HOA lien.
Bank of America held the first deed of trust on the property; Miles Bauer represented Bank of America in communications with A&K.
Miles Bauer sent a tender letter and a $1,440 check (nine months × $160) to A&K to satisfy the HOA superpriority portion.
District court granted summary judgment to SFR, concluding the HOA foreclosure extinguished the Banks’ first deed of trust; the Banks appealed.
Ninth Circuit held that a proper tender of the superpriority amount would have preserved the deed if delivered, reversed the district court as to SFR, but remanded because there is a genuine factual dispute whether the tender was actually delivered.

Issue	Banks' Argument	SFR's Argument	Held
Whether a tender of the superpriority portion preserves a first deed of trust against an HOA foreclosure	Tender of $1,440 plus non‑conditional language satisfied the superpriority lien and preserves the deed	Tender was ineffective because it was returned / not actually delivered; foreclosure therefore extinguished the deed	Tender would preserve the deed if delivered; SFR not entitled to summary judgment (reversed)
Whether delivery of the tender check is established such that Banks deserve summary judgment	Banks point to a screenshot indicating the check was delivered and then returned	A&K records show no receipt; Miles Bauer’s letter lacks usual mailing notation—creating a factual dispute	Genuine dispute of material fact on delivery exists; summary judgment for Banks denied; remand

7510 Perla Del Mar Ave Tr. v. Bank of America, N.A., 458 P.3d 348 (Nev. 2020) (en banc) (HOA superpriority lien can extinguish a first deed of trust when properly foreclosed)
SFR Invs. Pool 1, LLC v. U.S. Bank, N.A., 334 P.3d 408 (Nev. 2014) (en banc) (established effect of HOA superpriority foreclosures)
Bank of America, N.A. v. SFR Invs. Pool 1, LLC, 427 P.3d 113 (Nev. 2018) (en banc) (a first‑trust deed holder can preserve its interest by tendering the superpriority portion before sale)
Bank of America, N.A. v. Arlington W. Twilight Homeowners Ass’n, 920 F.3d 620 (9th Cir. 2019) (defines superpriority amount as nine months of dues and charges)
Saticoy Bay LLC Series 133 McLaren v. Green Tree Servicing LLC, 478 P.3d 376 (Nev. 2020) (en banc) (language accompanying a tender is not necessarily impermissibly conditional)
Fed. Home Loan Mortg. Corp. v. SFR Invs. Pool 1, LLC, 893 F.3d 1136 (9th Cir. 2018) (standard of review for summary judgment)