IN THE SUPREME COURT OF THE STATE OF NEVADA

NATIONSTAR MORTGAGE, LLC, No. 67722 Appellant, vs. PREMIER ONE HOLDINGS, INC., Respondent. FILED MAR 1 8 2016 TRACIE K. LINDEMAN CLERK OF,AUEREME COURT BY DEPUTY CLERK

ORDER VACATING AND REMANDING This is an appeal from a district court summary judgment, certified as final under NRCP 54(b), in a quiet title action. Eighth Judicial District Court, Clark County; Adriana Escobar, Judge.

In Shadow Wood Homeowners Ass'n, Inc. v. New York Community Bancorp, Inc., 132 Nev., Adv. Op. 5, P.3d (2016), this court recognized that a quiet title action is equitable in nature and, as such, a court must consider the "entirety of the circumstances that bear upon the equities." In particular, we noted that a deed of trust beneficiary's tender of the purported superpriority portion of an HOA's lien is a relevant consideration when determining whether an HOA foreclosure sale extinguishes the deed of trust. Here, the district court granted summary judgment in favor of respondent without addressing how the HOA's rejection of the tender that was made by appellant's

SUPREME COURT OF NEVADA

(0) 1947A -013bSS predecessor bore upon the equities. Thus, we conclude that summary judgment in respondent's favor may not have been proper, and we ORDER the judgment of the district court VACATED AND REMAND this matter to the district court for proceedings consistent with this order.

fretwi n ,J.

Hardesty //-

J.

cc: Hon. Adriana Escobar, District Judge Phillip Aurbach, Settlement Judge Akerman LLP/Las Vegas Hong & Hong Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 9049