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Kal-Mor-Usa, LLC v. Fidelity

SUPREME COURT OF THE STATE OF NEVADA
Dec 5, 2014
No. 65250 (Nev. Dec. 5, 2014)

Opinion

No. 65250

12-05-2014

KAL-MOR-USA, LLC, Appellant, v. BOA AND FIDELITY, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 NRAP 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: Maier Gutierrez Ayon, PLLC

Lewis Roca Rothgerber LLP/Las Vegas

Clerk, United States District Court for the District of Nevada


Summaries of

Kal-Mor-Usa, LLC v. Fidelity

SUPREME COURT OF THE STATE OF NEVADA
Dec 5, 2014
No. 65250 (Nev. Dec. 5, 2014)
Case details for

Kal-Mor-Usa, LLC v. Fidelity

Case Details

Full title:KAL-MOR-USA, LLC, Appellant, v. BOA AND FIDELITY, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Dec 5, 2014

Citations

No. 65250 (Nev. Dec. 5, 2014)