Opinion
No. 63651
09-16-2015
LAS VEGAS MOTOR COACH OWNERS ASSOCIATION, INC., A NEVADA CORPORATION, Appellant, v. AMERICAN UNDERWRITERS LIFE INSURANCE COMPANY, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 summary judgment in a quiet title action. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.
The district court granted summary judgment to respondent on the ground that appellant's foreclosure of its NRS 116.3116(2) liens did not eliminate respondent's deeds of trust on the subject property. In SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. ___, 334 P.3d 408 (2014), the Nevada Supreme Court decided that a common-interest community association's NRS 116.3116(2) superpriority lien has true priority over a first security interest and that such a security interest may be extinguished through nonjudicial foreclosure of the common-interest community association's superpriority lien. Here, respondent concedes that most of the issues presented on appeal are resolved by SFR Investments Pool, but asserts that one issue—what amounts are recoverable by appellant out of the proceeds of the foreclosure sale before appellant tenders any surplus proceeds to respondent—remains undecided in the wake of SFR Investments Pool.
On May 29, 2015, we directed respondent to file a supplemental brief regarding the application of SFR Investments Pool to this case, and we provided appellant additional time to file any supplemental responsive brief following service of respondent's supplemental brief. On September 1, 2015, appellant moved for additional time to file its supplemental responsive brief. In light of respondent's concessions in its supplemental brief, we conclude that further briefing of this issue is not necessary, and we deny the motion for an extension of time as moot. --------
As the district court's summary judgment was based on an erroneous interpretation of law and any remaining issues should be decided by the district court in the first instance, we reverse the summary judgment and remand this matter to the district court for further proceedings consistent with the relevant statutes and the Nevada Supreme Court's decision in SFR Investments Pool.
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Douglas Smith, District Judge
Deaner, Malan, Larsen & Ciulla
Law Offices of Thomas D. Beatty
Ellis & Gordon
Eighth District Court Clerk