IN THE SUPREME COURT OF THE STATE OF NEVADA
LN MANAGEMENT LLC SERIES 8301 No. 64495
BOSECK 228,
Appellant,
vs.
WELLS FARGO BANK, N.A.,
Respondent.
FILED
MAR 18 2016
TRACE K. LNDEMAN
CLERK CF SUPREME COURT
By • Yori-A--r-efr
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; Michelle Leavitt, Judge.
The district court granted respondent's motion to dismiss,
concluding that appellant had failed to state a viable claim for relief
because La Quinta Condominiums' 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.
, J.
Hardesty
, J.
Saitta
J.
cc: Hon. Michelle Leavitt, District Judge
Kerry P. Faughnan
Snell & Wilmer, LLP/Tucson
Wright, Finlay & Zak, LLP/Las Vegas
Snell & Wilmer, LLP/Las Vegas
Eighth District Court Clerk
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