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5983 Atta Villa DR Trust v. Bank of Am., N.A.

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 15, 2015
No. 65757 (Nev. App. Apr. 15, 2015)

Opinion

No. 65757

04-15-2015

5983 ATTA VILLA DR TRUST, Appellant, v. BANK OF AMERICA, N.A., Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER OF REVERSAL AND REMAND

This is an appeal from a district court order dismissing a quiet title action. Eighth Judicial District Court, Clark County; Nancy L. Allf, Judge.

The district court dismissed appellant's action, finding that dismissal was appropriate because NRS 116.3116(2) "merely sets forth an order of payment and allows the HOA to recover 9 months of assessments from the proceeds of the beneficiary's non-judicial foreclosure." Recently, however, in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. ___, 334 P.3d 408 (2014), the Nevada Supreme Court held that a common-interest community association's NRS 116.3116(2) superpriority lien has true priority over a first security interest, and that the association may nonjudicially foreclose on that lien. In light of SFR Investments, respondent concedes that the district court's decision was based on an erroneous interpretation of the controlling law and that the court did not reach the other issues colorably asserted below. Under these circumstances, we

ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Nancy L. Allf, District Judge

Kerry P. Faughnan

Greene Infuso, LLP

Akerman LLP/Las Vegas

Eighth District Court Clerk


Summaries of

5983 Atta Villa DR Trust v. Bank of Am., N.A.

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 15, 2015
No. 65757 (Nev. App. Apr. 15, 2015)
Case details for

5983 Atta Villa DR Trust v. Bank of Am., N.A.

Case Details

Full title:5983 ATTA VILLA DR TRUST, Appellant, v. BANK OF AMERICA, N.A., Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Apr 15, 2015

Citations

No. 65757 (Nev. App. Apr. 15, 2015)