Nevada Supreme Court, 2017

2014-3 Ih Borrower, Lp v. Las Vegas Development Group, LLC (Nrap 5)

2014-3 Ih Borrower, Lp v. Las Vegas Development Group, LLC (Nrap 5)
Nevada Supreme Court · Decided September 11, 2017

2014-3 Ih Borrower, Lp v. Las Vegas Development Group, LLC (Nrap 5)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

2014-3 IH BORROWER, LP, A No. 70730 DELAWARE LIMITED PARTNERSHIP; CHRISTIANA TRUST, AN UNKNOWN BUSINESS ENTITY; 2014-3 IH EQUITY OWNER, LP, A DELAWARE LIMITED PARTNERSHIP; 2014-3 IH PROPERTY HOLDCO, LP, A DELAWARE LIMITED PARTNERSHIP; THR NEVADA II, LP, FILED A DELAWARE LIMITED SEP 1 1 2017 PARTNERSHIP; THR PROPERTY ELIZABETH k BROWN BORROWER, LP, A DELAWARE CLERXfi UPREME COURT BY • LIMITED PARTNERSHIP; THR DEPUTY CLERK PROPERTY GUARANTOR, LP, A DELAWARE LIMITED PARTNERSHIP; AND THR PROPERTY HOLDCO, LP, A DELAWARE LIMITED PARTNERSHIP, Appellants, vs. LAS VEGAS DEVELOPMENT GROUP, LLC, A NEVADA LIMITED LIABILITY COMPANY, Respondent.

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?

SUPREME COURT OF NEVADA

(0) 1947A 7-303Sg 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 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.

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Gibbons

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Pickering Hardesty

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cc: Fidelity National Law Group Gerrard Cox & Larsen Roger P. Croteau & Associates, Ltd. Clerk, United States District Court for the District of Nevada

SUPREME COURT OF NEVADA (0) 194 Th 0

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