Nevada Supreme Court, 2017

Residential Credit Solutions v. Kal-Mor (Nrap 5)

Residential Credit Solutions v. Kal-Mor (Nrap 5)
Nevada Supreme Court · Decided September 11, 2017

Residential Credit Solutions v. Kal-Mor (Nrap 5)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RESIDENTIAL CREDIT SOLUTIONS, No. 70924 Appellant, vs. KAL-MOR-USA, LLC, Respondent.

FILED SEP 1 1 2017 ELIZABETH A. BROVVN CLERK F S PREME COURT BY DEPUTY CLERK

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. US. 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 createS new law or

SUPREME COURT OF NEVADA

(0) 1947A I7 - 3 (..)35< 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.

Gibbons • J.

Pickering

J.

Hardesty

PaA j.

Parraguirre

1--L-LCZ j.

Stiglich

cc: Wright, Finlay & Zak, LLP/Las Vegas Houser & Allison, APC Takos Law Group Weil & Drage, APC Clerk, United States District Court for the District of Nevada

SUPREME COURT OF NEVADA (0) 1947A 7084

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