Opinion
No. 65553
02-02-2015
TANGIERS DRIVE TRUST, Appellant, v. BANK OF AMERICA, N.A., NATIONAL ASSOCIATION, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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, certified as final under NRCP 54(b), in a quiet title action. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge.
The district court granted respondent's motion for summary judgment, finding that respondent was entitled to a judgment as a matter of law 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." This court's recent disposition in SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. ___, 334 P.3d 408 (2014), decides 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. The district court's decision thus was based on an erroneous interpretation of the controlling law and did not reach the other issues colorably asserted. Accordingly, we
Consequently, we decline to order the district court to enter summary judgment in appellant's favor.
REVERSE the order granting summary judgment AND REMAND this matter to the district court for further proceedings consistent with this order.
/s/_________, J.
Parraguirre
/s/_________, J.
Douglas
/s/_________, J.
Cherry
cc: Hon. Jerry A. Wiese, District Judge
Kerry P. Faughnan
Akerman LLP/Las Vegas
Eighth District Court Clerk