IN THE SUPREME COURT OF THE STATE OF NEVADA
WELLS FARGO BANK, N.A., A No. 67489
NATIONAL BANKING ASSOCIATION,
Appellant,
vs.
SFR INVESTMENTS POOL 1, LLC, A FILED
NEVADA LIMITED LIABILITY
COMPANY, MAR 1 8 2016
Resnondent. TRADE K. LINDEMAN
CLERK Or SUPREME COURT
8Y DEPUTY CLERK
ORDER OF REVERSAL AND REMAND
This is an appeal from a district court order granting a motion
to dismiss in a quiet title action. Eighth Judicial District Court, Clark
County; Douglas Smith, Judge.
The allegations in appellant's amended complaint, if accepted
as true, may provide one or more bases under existing law as to why the
foreclosure sale did not extinguish appellant's deed of trust. See Buzz
Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 227-28, 181 P.3d 670, 672
(2008); Neu. State Bank v. Jamison Family P'ship, 106 Nev. 792, 801, 801
P.2d 1377, 1383 (1990); see also Shadow Wood Homeowners Ass'n v. N.Y.
Cmty. Bancorp, Inc., 132 Nev., Adv. Op. 5, P.3d (2016); SFR Invs.
Pool 1, LLC v. U.S. Bank, N.A., 130 Nev., Adv. Op. 75, 334 P.3d 408
(2014). The district court therefore erred in dismissing appellant's
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original complaint and denying appellant leave to file its amended
complaint.' Accordingly, we
ORDER the judgment of the district court REVERSED AND
REMAND this matter to the district court for proceedings consistent with
this order.
n
glaAti , J.
Hardesty
J.
Saitta
J.
cc: Hon. Douglas Smith, District Judge
Wolfe & Wyman LLP
Kim Gilbert Ebron
Eighth District Court Clerk
'Although appellant sought leave to file the amended complaint, it
does not appear from the record that appellant was required to do so.
Costello v. Cosier, 127 Nev. 436, 439 n.2, 254 P.3d 631, 633 n.2 (2011).
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