Opinion
No. 65427
05-20-2015
SATICOY BAY LLC SERIES 8467 OPAL SPLENDOR, Appellant, v. WELLS FARGO BANK, N.A., Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER VACATING AND REMANDING
This is an appeal from a district court order denying a preliminary injunction in a quiet title action. Eighth Judicial District Court, Clark County; Joanna Kishner, Judge.
The district court denied appellant's preliminary injunction motion, finding that appellant failed to demonstrate a reasonable likelihood of success on the merits because appellant "has not established that it is likely to be found to be a bona fide purchaser" and because appellant "failed to provide evidence that notice was properly given in accordance with both Constitutional and Statutory provisions." In SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. Adv. Op. No. 75, 334 P.3d 408 (2014), this court decided that a common-interest community association's NRS 116.3116(2) superpriority lien has true priority over a first security interest, and the association may nonjudicially foreclose on that lien. Thus, the district court's decision, insofar as it was based on the conclusion that appellant had record notice of a first-priority security interest and did not recognize the complaint's factual allegations as true, was based on an erroneous interpretation of the controlling law. Accordingly, we
VACATE the order denying preliminary injunctive relief AND REMAND this matter to the district court for further proceedings consistent with this order.
The injunction imposed by our June 20, 2014, order is vacated.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Joanna Kishner, District Judge
Law Offices of Michael F. Bohn, Ltd.
Snell & Wilmer, LLP/Las Vegas
Eighth District Court Clerk