Sfr Investments Pool 1 v. Bank of New York Mellon C/W 64374

 court granted Bank of New York Mellon's motion to dismiss for the same
reason. This court's recent disposition in SFR Investments Pool 1, LLC u.
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 decisions thus
were based on an erroneous interpretation of the controlling law and did
not reach the other issues colorably asserted. Accordingly, we
VACATE the order denying preliminary injunctive relief,
REVERSE the order granting the motion to dismiss, AND REMAND this
matter to the district court for further proceedings consistent with this
order.
Hardest
J.
Douglas
CHERRY, J., concurring:
For the reasons stated in the SFR Investments Pool 1, LLC v.
U.S. Bank, N.A., 130 Nev. , 334 P.3d 408 (2014), dissent, I disagree
that respondent lost its lien priority by virtue of the homeowners
association's nonjudicial foreclosure sale. I recognize, however, that SFR
Investments is now the controlling law and, thusly, concur in the
disposition of these appeals.
SUPREME COURT
OF
NEVADA
2
(0) 1947A AS,.
cc: Hon. Michael Villani, District Judge
Howard Kim & Associates
Akerman LLP/Las Vegas
Goodman, Shapiro & Lombardi, LLC
Hall Jaffe & Clayton, LLP
HindmanSanchez
Marcus, Errico, Emmer & Brooks, P.C.
Eighth District Court Clerk
SUPREME COURT-
OF
NEVADA
3
(0) 1947A