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Residential Credit Solutions v. Kal-Mor-USA, LLC

SUPREME COURT OF THE STATE OF NEVADA
Sep 11, 2017
No. 70924 (Nev. Sep. 11, 2017)

Opinion

No. 70924

09-11-2017

RESIDENTIAL CREDIT SOLUTIONS, Appellant, v. KAL-MOR-USA, LLC, Respondent.

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


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 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.

/s/_________, C.J.

Cherry

/s/_________, J.

Douglas

/s/_________, J.

Gibbons

/s/_________, J.

Pickering

/s/_________, J.

Hardesty

/s/_________, J.

Parraguirre

/s/_________, 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


Summaries of

Residential Credit Solutions v. Kal-Mor-USA, LLC

SUPREME COURT OF THE STATE OF NEVADA
Sep 11, 2017
No. 70924 (Nev. Sep. 11, 2017)
Case details for

Residential Credit Solutions v. Kal-Mor-USA, LLC

Case Details

Full title:RESIDENTIAL CREDIT SOLUTIONS, Appellant, v. KAL-MOR-USA, LLC, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Sep 11, 2017

Citations

No. 70924 (Nev. Sep. 11, 2017)