Nevada Supreme Court, 2016

Iridescent Street Trust v. Wells Fargo Bank, Nat'l Ass'n.

Iridescent Street Trust v. Wells Fargo Bank, Nat'l Ass'n.
Nevada Supreme Court · Decided April 15, 2016

Iridescent Street Trust v. Wells Fargo Bank, Nat'l Ass'n.

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

IRIDESCENT STREET TRUST, No. 66256 Appellant, vs. WELLS FARGO BANK NATIONAL ASSOCIATION, Respondent. FILED APR 1 5 2016 TRADE K. UNDEMAN CLERK OF SUPREME COURT BY_SLIC)-(J-416.4._ DEPUTY CLERK

ORDER OF REVERSAL AND REMAND This is an appeal from a district court summary judgment in a quiet title action. Eighth Judicial District Court, Clark County; Mark R. Denton, Judge.

The district court granted respondent's motion for summary judgment, reasoning that Montenegro Estates' nonjudicial foreclosure sale could not, as a matter of law, extinguish respondent's deed of trust. In SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev., Adv. Op. 75, 334 P.3d 408 (2014), this court decided that a common-interest community association's superpriority lien has true priority over a first security interest, and the association may nonjudicially foreclose on that lien.

Thus, the district court's decision was based on an erroneous

SUPREME COURT OF NEVADA (0) 1947A 0 interpretation of the controlling law and did not reach the other issues colorably asserted.' Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

(3-a J.

Douglas

cc: Hon. Mark R. Denton, District Judge Kerry P. Faughnan Greene Infuso, LLP Snell & Wilmer, LLP/Tucson Wright, Finlay & Zak, LLP/Las Vegas Snell & Wilmer, LLP/Las Vegas Eighth District Court Clerk

'We therefore decline to order the district court to enter summary judgment in appellant's favor.

SUPREME COURT OF NEVADA (l).1 1947A e

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