Opinion
No. 63992
05-21-2015
BRANCH BANKING AND TRUST COMPANY, INC., A NORTH CAROLINA CORPORATION, Appellant, v. BRYAN LEFEBVRE, AN INDIVIDUAL; AND ANITA LEFEBVRE, AN INDIVIDUAL, Respondents.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 granting summary judgment in a deficiency action. Second Judicial District Court, Washoe County; Scott N. Freeman, Judge.
On appeal, Branch Banking and Trust Company, Inc. (BB&T) argues that the district court erred in granting the LeFebvres' motion for summary judgment because NRS 40.459(1)(c) does not apply to BML Investments, LLC's loan. We agree.
We recently decided a nearly identical case in Munoz v. Branch Banking and Trust Co. Inc., 131 Nev. Adv. Op. No. 23, ___ P.3d ___ (2015). In Munoz, we concluded that NRS 40.459(1)(c) is preempted by federal law whenever the loan in question was assigned by the Federal Deposit Insurance Corporation (FDIC). Id. at ___.
Because the FDIC assigned BML's loan to BB&T, NRS 40.459(1)(c) is preempted by federal law and does not apply. Id. at ___. Thus, the amount BB&T paid the FDIC for the assignment of BML's loan is irrelevant. The district court therefore erred in granting the LeFebvres' motion for summary judgment, because BB&T's right to a deficiency is to be determined based on the original loan agreement that BB&T acquired from the FDIC. Accordingly, we
We have considered the parties' remaining arguments and conclude they are without merit.
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.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Scott N. Freeman, District Judge
Madelyn Shipman, Settlement Judge
Sylvester & Polednak, Ltd.
Lemons, Grundy & Eisenberg
Fahrendorf, Viloria, Oliphant & Oster, LLP
Washoe District Court Clerk