Nevada Supreme Court, 2014

Wells Fargo Bank v. Paradise Harbor Place Trust

Wells Fargo Bank v. Paradise Harbor Place Trust
Nevada Supreme Court · Decided November 14, 2014

Wells Fargo Bank v. Paradise Harbor Place Trust

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

WELLS FARGO BANK, N.A., No. 63903 Appellant, vs. PARADISE HARBOR PLACE TRUST, FILED Respondent.

NOV 1 4 2014 TRAGIC- K. LINDEMAN CLERK OF SUPREME COURT BY -- DEPUTY CLERK ORDER OF AFFIRMANCE This is an appeal from a district court order granting a preliminary injunction in a quiet title action. Eighth Judicial District Court, Clark County; Allan R. Earl, Judge.

The district court granted respondent's preliminary injunction motion, finding that respondent "would be irreparably harmed for which there is no adequate remedy at law." This court's recent disposition in SFR Investments Pool 1, LLC v. U.S. Bank, NA, 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. The district court's decision thus was supported by the controlling law.

Accordingly, we AFFIRM the district court's order granting a preliminary injunction.

FittA.tiscc , J.

Hardesty

J.

Douglas SUPREME COURT OF NEVADA

(0) 1947A cet. hi 37 5 S2 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 appellant 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 this appeal.

J.

cc: Hon. Allan R. Earl, District Judge David J. Merrill, P.C.

Law Offices of Michael F. Bohn, Ltd. Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A e

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