IN THE SUPREME COURT OF THE STATE OF NEVADA

SERGE WOODRUFF, No. 63958 Appellant, vs. TONY PITSICALIS, AN INDIVIDUAL; CLEAR RECON CORP., A NEVADA CORPORATION; AND CITIMORTGAGE, INC., A NEW YORK FILED CORPORATION, AND ANY AND ALL OTHER PERSON UNKNOWN NOV 1 4 2014 CLAIMING ANY RIGHT, TITLE, TRACE K. LINDEMAN CLERK OF SUPREME COURT ESTATE, LIEN OR INTEREST IN THE DEPUTY PROPERTY ADVERSE TO THE PLAINTIFF'S OWNERSHIP, OR ANY CLOUD UPON PLAINTIFFS TITLE THERETO, Respondents.

ORDER VACATING AND REMANDING This is an appeal from a district court order denying a preliminary injunction in a quiet title action. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge.

The district court denied Serge Woodruff s preliminary injunction motion, finding that Woodruff failed to demonstrate a reasonable likelihood of success on the merits because "Plaintiff has not established that it is likely to be found to be a bona fide purchaser" and "it is also unclear whether the amount paid was for alleged super priority lien amounts." This court's recent disposition in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 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. Thus, the district court's decision, SUPREME COURT OF NEVADA

II-315(4 insofar as it was based on the conclusion that Woodruff had record notice of a first-priority security interest and did not recognize the complaint's factual allegations as true was based on an erroneous interpretation of the controlling law. Accordingly, we VACATE the order denying preliminary injunctive relief AND REMAND this matter to the district court for further proceedings consistent with this order.'

/c--Iru" Ada; J.

Hardesty

° Dr,/ Douglas

CHERRY, J., concurring: For the reasons stated in the SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. , 334 P.3d 408 (2014), dissent, I disagree that respondent Citimortgage 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 these appeals.

J.

1 The injunction imposed by our October 1, 2013, order is vacated.

SUPREME COURT OF NEVADA (0) 1947A e cc: Hon. Joanna Kishner, District Judge Greene Infuso, LLP Akerman LLP/Las Vegas Brooks Hubley LLP Pite Duncan, LLP Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 194m .0