Nationstar Mortg., LLC v. Premier One Holdings, Inc. ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
NATIONSTAR MORTGAGE, LLC, No. 67722
Appellant,
vs.
PREMIER ONE HOLDINGS, INC.,
Respondent. FILED
MAR 1 8 2016
TRACIE K. LINDEMAN
CLERK OF,AUEREME COURT
BY
DEPUTY CLERK
ORDER VACATING AND REMANDING
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; Adriana Escobar, Judge.
In Shadow Wood Homeowners Ass'n, Inc. v. New York
Community Bancorp, Inc., 132 Nev., Adv. Op. 5, P.3d (2016), this
court recognized that a quiet title action is equitable in nature and, as
such, a court must consider the "entirety of the circumstances that bear
upon the equities." In particular, we noted that a deed of trust
beneficiary's tender of the purported superpriority portion of an HOA's
lien is a relevant consideration when determining whether an HOA
foreclosure sale extinguishes the deed of trust. Here, the district court
granted summary judgment in favor of respondent without addressing
how the HOA's rejection of the tender that was made by appellant's
SUPREME COURT
OF
NEVADA
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predecessor bore upon the equities. Thus, we conclude that summary
judgment in respondent's favor may not have been proper, and we
ORDER the judgment of the district court VACATED AND
REMAND this matter to the district court for proceedings consistent with
this order.
fretwi
n ,J.
Hardesty
//-
J.
cc: Hon. Adriana Escobar, District Judge
Phillip Aurbach, Settlement Judge
Akerman LLP/Las Vegas
Hong & Hong
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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