Opinion
No. 65248
12-05-2014
CHRIS D. PARK, ON BEHALF OF AND AS POWER OF ATTORNEY FOR JOSHUA RAY, Appellant, v. U.S. BANK, NA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DECLINING CERTIFIED QUESTION
This matter involves a legal question certified to this court, under NEAP 5, by the United States District Court for the District of Nevada. Specifically, the U.S. District Court has certified the following question to this court:
Whether the prioritization of liens pursuant to Nev. Rev. Stat. § 116.3116 may have the effect of extinguishing the interest of a holder of a first security interest under a deed of trust secured by the unit when an association forecloses its delinquent assessments lien by sale pursuant to Nev. Rev. Stat. § 116.31162.
As we believe there is controlling Nevada precedent with respect to this question, we decline to answer this question. See NRAP 5(a). Specifically, in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. ___, 334 P.3d 408 (2014), this 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.
It is so ORDERED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Pickering
/s/_________, J.
Hardesty
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
/s/_________, J.
Saitta
cc: Kang & Associates PLLC
Ballard Spahr, LLP
Clerk, United States District Court for the District of Nevada