IN THE SUPREME COURT OF THE STATE OF NEVADA

8025 VILLA ROSARITO STREET No. 63909 TRUST, Appellant, vs. FILED QUALITY LOAN SERVICE CORPORATION, NOV 1 4 2014 Respondent. TRACIE K. LINDEMAN CLERK,.

OF SUPREME COURT DEPUTY CLER

ORDER OF REVERSAL AND REMAND This is an appeal from a district court order granting a motion to dismiss in a quiet title action. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge.

The district court granted Quality Loan Service Corporation's motion to dismiss, finding that 8025 Villa Rosarito Street Trust had failed to state a viable claim for relief because NRS 116.3116(2)'s superpriority provision does not extinguish a first security interest. 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. The district court's decision thus was based on an erroneous

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I LI -3 1 6.55 interpretation of the controlling law and did not reach the other issues colorably asserted.' Accordingly, we REVERSE the order granting the motion to dismiss AND REMAND this matter to the district court for further proceedings consistent with this order. 2

J.

Hardesty

J.

Douglas

CHERRY, J., concurring: For the reasons stated in the SFR Investments Pool I, LLC v. U.S. Bank, N.A., 130 Nev. , 334 P.3d 408 (2014), dissent, I disagree that nonparty U.S. Bank 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, COMM" in the disposition of this appeal.

Chut ,J.

Cherry 'It is unclear whether respondent has an interest in the subject property and whether appellant's claims against respondent even involve the application of NRS 116.3116. Because the parties have not addressed this issue, however, we have not considered it in rendering this disposition.

2The temporary injunction imposed by our September 12, 2013, order is vacated.

SUPREME COURT OF NEVADA (0) 1947A ce> cc: Hon. Mark R. Denton, District Judge Law Offices of Michael F. Bohn, Ltd. McCarthy & Holthus, LLP/Las Vegas Eighth District Court Clerk

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