Eagle Investors v. Bank of America (Nrap 5)

IN THE SUPREME COURT OF THE STATE OF NEVADA EAGLE INVESTORS, No. 70740 Appellant, vs. BANK OF AMERICA, N.A.; AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., FILED Respondents.

SEP 1 1 2017 ELIZABETH A. BROWN

CLERK OF SUPREME COURT BY ____S_LYsthtaaa,_

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. 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. 51 (July 27, 2017), we held that our decision in SFR Investments applies to foreclosures that occurred before that case was decided as that decision

SUPREME COURT

OF NEVADA

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17 - 30351 merely interpreted an existing statute and did not create new law or 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.

, C.J. Cherry Gibbons

, J. Hardesty Parraguirre

1:Se

J. Stiglich cc: Ayon Law, PLLC

Maier Gutierrez & Associates Akerman LLP/Las Vegas Clerk, United States District Court for the District of Nevada SUPREME COURT

OF NEVADA

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