Bank of America, N.a., Successor by Merger to Bac Home Loans Servicing, Lp, F/k/a Countrywide Home Loans Servicing…

Summary

The court held that the first deed-of-trust holder's unconditional tender of the amount necessary to satisfy the superpriority portion of an HOA lien cured the default and preserved the deed of trust. Because the HOA proceeded with foreclosure after receiving the correct tender, the sale was void as to the superpriority portion, and the buyer took the property subject to the deed of trust. The court reversed the grant of summary judgment to SFR Investments Pool 1, LLC, and remanded for further proceedings.