IN THE SUPREME COURT OF THE STATE OF NEVADA

SFR INVESTMENTS POOL 1, LLC, A No. 63796 NEVADA LIMITED LIABILITY COMPANY, Appellant, FILED vs. NATIONSTAR MORTGAGE, LLC., A NOV 1 4 2014 FOREIGN LIMITED LIABILITY TRACE K. LINDEMAN CLERK OF SUPREME COURT COMPANY, BY DE PUTY CLERK Respondent.

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 SFR Investments' preliminary injunction motion, finding that SFR Investments failed to demonstrate a reasonable likelihood of success on the merits because "it has not shown that it is a bona fide purchaser and in the absence of such a determination it has not shown that Defendant was given due process and appropriate notice prior to any claim that its security interest was being eliminated." 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, insofar as it was based on the conclusion that appellant had record notice of a first-priority security interest and did not recognize the complaint's

SUPREME COURT OF NEVADA

(0) 1947A e 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.

/40,Ad2.4.4-1; Hardesty

Douglas Dr, °411 , J.

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 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.

Cherry Chut. J.

cc: Hon. Joanna Kishner, District Judge Howard Kim & Associates Akerman LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A 47464jo