Nevada Supreme Court, 2014

Sfr Investments Pool 1 v. Deutsche Bank C/W 64415

Sfr Investments Pool 1 v. Deutsche Bank C/W 64415
Nevada Supreme Court · Decided November 25, 2014
Sfr Investments Pool 1 v. Deutsche Bank C/W 64415

Opinion

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 decisions thus were based on an erroneous interpretation of the controlling law and did not reach the other issues colorably asserted. Accordingly, we

VACATE the order denying preliminary injunctive relief, REVERSE the order granting the motion to dismiss, AND REMAND this matter to the district court for further proceedings consistent with this order.

Hardesty Douglas

•e#7,4 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 these appeals.

J. SUPREME COURT

OF NEVADA

(D) 1947A e cc: Hon. Jerry A. Wiese, District Judge

Howard Kim & Associates Wright, Finlay & Zak, LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT

OF NEVADA

(0) 1947A .0

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