Logourl black
From our private database of 14,100+ case briefs...

Houston v. Bank of America Federal Savings Bank

Supreme Court of Nevada
78 P.3d 71 (2003)


Facts

Edward and Regina Houston (plaintiffs) paid David Boone $740,000 for investment services. Boone converted the money for his personal use. Subsequently, on May 13, 1998, Boone and his wife, Donna, divorced. Boone deeded a property to Donna as part of the divorce settlement. Norwest Mortgage (Norwest) held a deed of trust on the property. On May 14, 1998, the Houstons filed suit against Boone, seeking repayment of the $740,000. On June 1, 1998, the Houstons filed a written notice of a lawsuit on Donna’s property. On June 26, 1998, Bank of America Federal Savings Bank (Bank of America) (defendant) acquired Norwest’s interest and refinanced the deed of trust on the property, paying off the deed of trust. The trial court granted the Houstons a judgment against Boone, ordered a writ of execution, and scheduled a sale of Donna’s property. Bank of America intervened, and the trial court granted its motion temporarily enjoining the sale. Bank of America filed a motion for summary judgment, arguing its lien had priority over that of the Houstons because Bank of America had stepped into Norwest’s shoes.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Per curiam)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 217,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.