IN THE SUPREME COURT OF THE STATE OF NEVADA
MACKENSIE FAMILY, LLC AS No. 65696
TRUSTEE OF THE BEL AIR DRIVE
TRUST,
Appellant,
vs.
FILED
WELLS FARGO BANK, N.A. F/K/A JAN 2 2 2016
WORLD SAVINGS BANK,
TRACIE K. UNDEMAN
Respondent. CLERK CF SUPREME COURT
eYS-V-Iseed
DEPUTY CLERK t---
ORDER OF REVERSAL AND REMAND
Appeal from a district court summary judgment in a quiet title
action. Eighth Judicial District Court, Clark County; Ronald J. Israel,
Judge.
Respondent Wells Fargo's predecessor in interest loaned home
buyers $300,000, secured by a deed of trust. The property was also subject
to Las Vegas International Country Club Estates Homeowner's
Association (HOA) assessments. The homeowners defaulted on their loan
and HOA assessments, and the HOA foreclosed on its lien. Appellant Bel
Air Drive Trust (BADT) purchased the property at the resultant
foreclosure sale and then brought an action in the district court to quiet
title. The district court granted summary judgment in favor of Wells
Fargo, concluding that BADT took the property subject to Wells Fargo's
interest because NRS 116.3116 creates a limited superpriority lien for
nine months of HOA assessments such that the HOA had only a payment
priority. BADT appealed.
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This court reviews a district court order granting summary
judgment de novo. Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d
1026, 1029 (2005). Summary judgment is appropriate when no genuine
issue of material fact remains and the moving party is entitled to
judgment as a matter of law. Id. The district court's conclusion of law
contradicts our holding in SFR Investments Pool I v. U.S. Bank, providing
that NRS 116.3116(2) establishes not only a payment priority, but "gives
an HOA a true superpriority lien, proper foreclosure of which will
extinguish a first deed of trust." 130 Nev., Adv. Op. 75, 334 P.3d 408, 419
(2014). 1 Therefore, the district court's grant of summary judgment was
improper. Moreover, this case cannot be resolved on appeal because a
genuine issue of material fact remains regarding whether the foreclosure
was proper. Specifically, the district court did not make a finding as to
whether actual notice was received by Wells Fargo.
'We note that we issued SFR after BADT filed its notice of appeal,
but before briefing was completed.
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We therefore ORDER the judgment of the district court
REVERSED AND REMAND this matter to the district court for
proceedings consistent with this order.
CCA5- , C.J.
Parraguirre
otatt J.
Hardesty
D
Douglas
oLa.( Azt,
J.
J.
J.
Gibbons
J.
Pickering
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cc: Hon. Ronald J. Israel, District Judge
Kerry P. Faughnan
Greene Infuso, LLP
David J. Merrill, P.C.
Eighth District Court Clerk
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