matters of public record and any exhibit attached to the complaint or
incorporated by record into the complaint when ruling on a motion to
dismiss. Breliant v. Preferred Equities Corp., 109 Nev. 842, 847, 858 P.2d
1258, 1261 (1993).
While the district court's conclusion that MERS had authority
to foreclose on its own behalf is incorrect, see Edelstein v. Bank of N.Y
Mellon, 128 Nev. , 286 P.3d 255 (2012) (holding that Nevada law
requires unity of deed of trust and promissory note prior to foreclosure);
Bergenfield v. Bank of Am., 129 Nev. , P.3d (Adv. Op. No. 40,
June 6, 2013), the record on appeal together with the public records
included by respondents in their response to appellant's appeal statement
demonstrates that MERS assigned the deed of trust together with the
promissory note to respondent HSI3C Bank, N.A., reunifying the
interests.' Subsequently, respondent Recontrust Company, as trustee of
the deed of trust, recorded the notice of trustee's sale initiating the actual
sale that appellant sought to prevent. Based on the MERS assignment,
HSBC had authority to proceed with the trustee's sale, and the district
court therefore properly dismissed appellant's complaint. Leyva v. Nat'l
Default Servicing Corp., 127 Nev. , 255 P.3d 1275, 1281 (2011)
(holding that evidence of transfer of the note is sufficient to prove holder
status); Edelstein, 128 Nev. at , 286 P.3d at 260-61 (holding that a
'Respondents requested judicial notice of the corporate assignment
of the deed of trust conveying beneficial interest in the deed of trust and
transferring the promissory note to HSBC. We grant the request and take
judicial notice of the assignment. NRS 47.130(2); Yellow Cab of Reno, Inc.
v. Second Judicial Dist. Court, 127 Nev. , n.4, 262 P.3d 699, 704 n.4
(2011).
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MERS assignment of the deed of trust along with the promissory note
demonstrates valid transfer of both instruments). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
cc: Hon. Timothy C. Williams, District Judge
Anahit Kabadian
Akerman Senterfitt/Las Vegas
Tiffany & Bosco, P. A.
Reisman Sorokac
Eighth District Court Clerk
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