Nevada Supreme Court, 2014

River Glider Ave Trust v. Bank of New York Mellon

River Glider Ave Trust v. Bank of New York Mellon
Nevada Supreme Court · Decided November 18, 2014

River Glider Ave Trust v. Bank of New York Mellon

Opinion

of the HOA lien." Here, appellant's complaint alleged that the foreclosure sale was conducted pursuant to NRS Chapter 116, and the record is silent as to whether respondent was sent the notices referenced in NRS 116.31162 through NRS 116.31168. The record is likewise silent as to whether respondent attempted to pay off Southern Highlands Community Association's lien before Southern Highlands' foreclosure sale. Thus, we conclude that it was improper for the district court to base its denial of injunctive relief on its two aforementioned findings. We therefore VACATE the order denying preliminary injunctive relief and REMAND this matter to the district court for further proceedings consistent with this order.'

Hardesty

, J.

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 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.

Cherry 'The injunction imposed by our June 18, 2013, order is vacated.

SUPREME COURT OF NEVADA (0) 1947A cc: Hon. Allan R. Earl, District Judge Law Offices of Michael F. Bohn, Ltd. Akerman LLP/Las Vegas Miles, Bauer, Bergstrom & Winters, LLP Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A e

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