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