Opinion
82323
11-10-2021
SATICOY BAY LLC, SERIES 2920 BAYLINER AVENUE, A NEVADA SERIES LIMITED LIABILITY COMPANY Appellant, v. U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR NRZ PASS-THROUGH TRUST X, A NATIONAL BANKING ASSOCIATION; AND NRZ REO X LLC, A DELAWARE CORPORATION, Respondents.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
HARDESTY, C.J.
This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; Elizabeth Goff Gonzalez, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005), we affirm.
Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.
The district court granted summary judgment for respondents, relying in part on Glass v. Select Portfolio Servicing, Inc., Docket No. 78325, Order of Affirmance, at *2-3 (July 1, 2020). In Glass, we reasoned that because a Notice of Rescission rescinded a previously recorded Notice of Default, the Notice of Rescission "effectively cancelled the acceleration" triggered by the Notice of Default such that NRS 106.240's 10-year period was reset. Id. at *3. Because the Notice of Rescission in this case is substantively identical to that in Glass, we agree with the district court that the Notice of Rescission had the same effect and that respondent U.S. Bank retained an enforceable lien against the subject property. We are not persuaded by appellant's arguments that Glass is distinguishable from this case. Accordingly, we
Appellant contends that the district court should have granted its request for NRCP 56(d) relief to conduct discovery into the contents of a letter that respondent U.S. Bank's predecessor sent to the former homeowner before the Notice of Default was recorded. However, given our conclusion that the Notice of Rescission was effective to decelerate the loan, the contents of that letter are moot, and the NRCP 56(d) continuance was properly denied.
ORDER the judgment of the district court AFFIRMED.
The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.
Cadish J., Gibbons J.
Hon. Elizabeth Goff Gonzalez, District Judge