Radecki v. Bank of America, N.A.

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 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.

I Ac, AA; ' J. Hardesty Douglas ar/4 P 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.

J. cc: Hon. Jessie Elizabeth Walsh, District Judge

Hon. Michael Villani, District Judge Meier & Fine, LLC Akerman LLP/Las Vegas Kravitz, Schnitzer & Johnson, Chtd.

SUPREME COURT

Eighth District Court Clerk OF

NEVADA

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