dismiss, certified as final under NRCP 54(b), in a quiet title action.
Eighth Judicial District Court, Clark County; David B. Barker, Judge.
The district court denied appellant's motion for a preliminary
injunction, finding that it was not likely to succeed on the merits. The
district court then granted Wells Fargo's motion to dismiss, concluding
that under NRS 116.3116(2), "the HOA may have a priority for payment of
its lien, but the first security interest Deed was not extinguished by the
foreclosure sale conducted by the HOA." This court's recent disposition in
SFR Investments Pool 1, LLC v. U.S. Bank, NA., 130 Nev. 334 P.3d
408 (2014), decides 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. The
district court's decisions thus were based on an erroneous interpretation of
the controlling law and did not reach the other issues colorably asserted.
Accordingly, we
VACATE the order denying preliminary injunctive relief,
REVERSE the order granting the motion to dismiss, AND REMAND this
matter to the district court for further proceedings consistent with this
order.
J.
Hardesty
J.
Douglas
SUPREME COURF
OF
NEVADA
2
(0) 1947A
CHERRY, J., concurring:
For the reasons stated in the SFR Investments Pool I, LLC v.
U.S. Bank, NA, 130 Nev. , 334 P.3d 408 (2014), dissent, I disagree
that respondent lost its lien priority by virtue of the homeowners
association's nonjudicial foreclosure sale. I recognize, however, that SFR
Investments is now the controlling law and, thusly, concur in the
disposition of this appeal.
cc: Hon. David B. Barker, District Judge
Greene Infuso, LLP
Wright, Finlay & Zak, LLP/Las Vegas
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1.947A ea(
80 Huntfield Drive Trust v. Wells Fargo Bank C/W 64206
Combined Opinion