MEMORANDUM **
U.S. Bank appeals the district courts grant of summary judgment in favor of Southern Highlands Community Association (Southern Highlands) and SFR Investments Pool 1 (SFR). The district court had jurisdiction under 18 U.S.C. § 1332, and we have jurisdiction under 28 U.S.C. § 1291.
The sale price of the property at issue in Southern Highlandss foreclosure sale was grossly inadequate as a matter of Nevada law because it was less than three percent of the value of the home. See Shadow Wood Homeowners Assn v. N.Y. Cmty. Bancorp, Inc., 132 Nev. 49, 60, 366 P.3d 1105 (2016) (en banc). But in order to establish that the foreclosure sale can be equitably set aside under Nevada law, U.S. Bank also must show that fraud, unfairness, or oppression affected the sale. See U.S. Bank, N.A., Tr. for Banc of Am. Funding Corp. Mortg. Pass-Through Certificates, Series 2005-F v. White Horse Ests. Homeowners Assn (White Horse), 987 F.3d 858, 863 (9th Cir. 2021) (citing Nationstar Mortg., LLC v. Saticoy Bay LLC Series 2227 Shadow Canyon, 133 Nev. 740, 748–50, 405 P.3d 641 (2017)). We have held that a mortgage protection clause in an associations covenants, conditions, and restrictions, without more, does not constitute fraud, unfairness, or oppression. See id. at 864 (citing NRS §§ 116.3116(2), 116.1104), 867. To further support its argument that the sale should be set aside, U.S. Bank also points to Southern Highlandss misrepresentations in a separate foreclosure proceeding. But no Nevada decision directly supports U.S. Banks argument that the mortgage protection clause and such misrepresentations, taken together, rise to the level of fraud, unfairness, or oppression, and the Nevada Supreme Court has declined to address this issue in a published case. See U.S. Bank, N.A., Tr. for the Holders of the J.P. Morgan Mortg. Tr. 2007-S3 v. SFR Invs. Pool 1, LLC, 2021 WL 2646064, at *1 (Nev. June 25, 2021). Accordingly, we conclude that U.S. Bank has failed to raise a genuine issue of material fact that fraud, unfairness, or oppression marred the foreclosure sale such that it can be equitably set aside.
AFFIRMED.