U.S. Bank v. Diamond Creek Homeowners Assoc. (Nrap 5)
U.S. Bank v. Diamond Creek Homeowners Assoc. (Nrap 5)
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
U.S. BANK, AS TRUSTEE FOR GSAA No. 72308 HOME EQUITY TRUST 2006-9, ASSET- BACKED CERTIFICATES, SERIES 2006-9, Appellant, FILED vs. SEP 1 1 2017 DIAMOND CREEK HOMEOWNERS ELIZABETH A. BROWN ASSOCIATION; NV EAGLES, LLC; CLERK OF SUPREME COURT AND UNDERWOOD PARTNERS, LLC, BY DEPUTY CLERK Respondents.
ORDER DECLINING CERTIFIED QUESTION This matter involves a legal question certified to this court under NRAP 5, by the United States District Court for the District of Nevada Specifically, the U.S. District Court certified the following question to this court: Does the rule of SFR Investments Pool I, LLC v. U.S. Bank, N.A., 334 P.3d 408 (Nev. 2014) that foreclosures under NRS 116.3116 extinguish first security interests apply retroactively to foreclosures which occurred prior to the date of that decision?
We recently answered the same certified question in another case. Specifically, in K&P Homes v. Christiana Trust, 133 Nev., Adv. Op. (July 27, 2017), we held that our decision in SFR Investments applies to foreclosures that occurred before that case was decided as that decision merely interpreted an existing statute and did not create new law or
SUPREME COURT OF NEVADA (0) 1947A 4441t30 overrule precedent. We therefore decline to answer the question in this matter and direct the district court to K&P Homes. See NRAP 5(a).
It is so ORDERED.
Pickering
J.
Hardesty
-2CLarn Parraguirre J.
J.
Stiglich
cc: Ayon Law, PLLC Akerman LLP/Las Vegas The Wright Law Group Lipson Neilson Cole Seltzer & Garin, P.C.
Clerk, United States District Court for the District of Nevada
SUPREME COURT OF NEVADA
(0) I947A
Case-law data current through December 31, 2025. Source: CourtListener bulk data.