IN THE SUPREME COURT OF THE STATE OF NEVADA

DMVH, LLC, No. 76928 Appellant, vs. JPMORGAN CHASE BANK, N.A., F 11 Respondent. nadwia CLE BY ORDER OF AFFIRMANCE DEPUTY CLERK

This is an appeal from a district court order granting summary judgment, certified as final under NRCP 54(b), in an action to quiet title.

Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005), we affirm.' In Saticoy Bay LLC Series 9641 Christine View v. Federal National Mortgage Assn, 134 Nev. 270, 272-74, 417 P.3d 363, 367-68 (2018), this court held that 12 U.S.C. § 4617(j)(3) (2012) (the Federal Foreclosure Bar) preempts NRS 116.3116 and prevents an HOA foreclosure sale from extinguishing a first deed of trust when the subject loan is owned by the Federal Housing Finance Agency (or when the FHFA is acting as conservator of a federal entity such as Freddie Mac or Fannie Mae). And in Nationstar Mortgage, LLC v. SFR Investments Pool I, LLC, 133 Nev. 247, 250-51, 396 P.3d 754, 757-58 (2017), this court held that loan servicers such as respondent have standing to assert the Federal Foreclosure Bar on behalf of Freddie Mac or Fannie Mae. Consistent with these decisions, the district court correctly determined that respondent had standing to assert the Federal Foreclosure Bar on Fannie Mae's behalf and that the foreclosure

'Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal. zp - 03301 sale did not extinguish the first deed of trust because Fannie Mae owned the secured loan at the time of the sale.

Appellant contends that it is protected as a bona fide purchaser from the Federal Foreclosure Bar's effect. But we recently held that an HOA foreclosure sale purchaser's putative status as a bona fide purchaser is inapposite when the Federal Foreclosure Bar applies because Nevada law does not require Freddie Mac (or in this case Fannie Mae) to publicly record its ownership interest in the subject loan. Daisy Tr. v. Wells Fargo Bank, N.A., 135 Nev., Adv. Op. 30, 445 P.3d 846, 849 (2019). Appellant also raises arguments challenging the sufficiency and admissibility of respondent's evidence demonstrating Fannie Mae's interest in the loan and respondent's status as the loan's servicer, but we recently addressed and rejected similar arguments with respect to similar evidence.2 Id. at 850-51. Accordingly, the district court correctly determined that appellant took title to the property subject to the first deed of trust. We therefore ORDER the judgment of the district court AFFIRMED.3

C.J.

, Sr. J.

Douglas

2To the extent appellant has raised arguments that were not explicitly addressed in Daisy Trust, none of those arguments convince us that reversal is warranted.

3The Honorable Michael Douglas, Senior Justice, participated in the SUPREME COURT decision of this matter under a general order of assignment.

OF NEVADA (0) 1947A c(etr, cc: Hon. Kathleen E. Delaney, District Judge Hurtik Law & Associates Smith Larsen & Wixom Fennemore Craig P.C./Reno Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A