Summary
reversing 2013 dismissal of quiet-title action that concluded contrary to SFR Investments, reasoning that "the district court's decision was based on an erroneous interpretation of the controlling law"
Summary of this case from Nationstar Mortg. LLC v. Bluffs Vill. II Cmty. Ass'nOpinion
No. 64495
03-18-2016
LN MANAGEMENT LLC SERIES 8301 BOSECK 228, Appellant, v. WELLS FARGO BANK, N.A., Respondent.
ORDER OF REVERSAL AND REMAND
This is an appeal from a district court order, certified as final under NRCP 54(b), granting a motion to dismiss in a quiet title action. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.
The district court granted respondent's motion to dismiss, concluding that appellant had failed to state a viable claim for relief because La Quinta Condominiums' nonjudicial foreclosure sale could not, as a matter of law, extinguish respondent's deed of trust. In SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev., Adv. Op. 75, 334 P.3d 408 (2014), this court decided that a common-interest community association's NRS 116.3116(2) superpriority lien has true priority over a first security interest, and the association may nonjudicially foreclose on that lien. Thus, the district court's decision was based on an erroneous interpretation of the controlling law and did not reach the other issues colorably asserted. Accordingly, we
ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.
/s/_________, J.
Hardesty
/s/_________, J.
Saitta
/s/_________, J.
Pickering cc: Hon. Michelle Leavitt, District Judge
Kerry P. Faughnan
Snell & Wilmer, LLP/Tucson
Wright, Finlay & Zak, LLP/Las Vegas
Snell & Wilmer, LLP/Las Vegas
Eighth District Court Clerk