IN THE SUPREME COURT OF THE STATE OF NEVADA
LN MANAGEMENT LLC SERIES 5147 No. 64496
SOUVENIR,
Appellant,
vs.
WELLS FARGO BANK, N.A.,
Respondent.
FILED
MAR 1 8 2016
TRACIE K. LNDEMAN
CLER. ..pF T UPREME COURT
BY •
DEPUTY CLERK
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; Nancy L. Allf, Judge.
The district court granted respondent's motion to dismiss,
concluding that appellant had failed to state a viable claim for relief
because Souvenir Homeowners Association's 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
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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.
11 , 4412\ J.
Hardesty
J.
Saitta
J.
cc: Hon. Nancy L. Allf, District Judge
Kerry P. Faughnan
Snell & Wilmer, LLP/Tucson
Snell & Wilmer, LLP/Las Vegas
Eighth District Court Clerk
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