Nevada Supreme Court, 2014

Berberich v. Citimortgage, Inc.

Berberich v. Citimortgage, Inc.
Nevada Supreme Court · Decided December 16, 2014

Berberich v. Citimortgage, Inc.

Opinion

REVERSE the order granting the motion to dismiss AND REMAND this matter to the district court for further proceedings consistent with this order.

J.

Hardesty

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 the holder of the first security interest 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.

Iny J.

cc: Hon. David B. Barker, District Judge Maier Gutierrez Ayon, PLLC Akerman LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A e

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