Carrington Mortg. Holdings, LLC v. R Ventures VIII, LLC

419 P.3d 703
CourtNevada Supreme Court
DecidedJune 14, 2018
DocketNo. 71437
StatusPublished

This text of 419 P.3d 703 (Carrington Mortg. Holdings, LLC v. R Ventures VIII, LLC) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carrington Mortg. Holdings, LLC v. R Ventures VIII, LLC, 419 P.3d 703 (Neb. 2018).

Opinion

By the Court, GIBBONS, J.:

The solitary issue in this case concerns the proper interpretation and application of former NRS 116.3116(8).1 Respondent acquired interest in a property pursuant to a homeowners' association foreclosure sale and successfully obtained a judgment quieting title against appellant. Thereafter, respondent requested costs and attorney fees pursuant to NRS 116.3116(8), which the district court granted. NRS 116.3116(8) provided that "[a] judgment or decree in any action brought under this section must include costs and reasonable attorney's fees for the prevailing *704party." We conclude that "any action brought under this section" refers to an action by a homeowners' association to enforce its assessment lien, not a quiet title and declaratory judgment action by a third-party purchaser at such a sale. Thus, the district court erred in awarding respondent costs and attorney fees pursuant to NRS 116.3116(8).

BACKGROUND

The facts underlying the instant appeal are undisputed by the parties. Appellant Carrington Mortgage Holdings, LLC, was assigned a deed of trust on a property located in Las Vegas. The former owner of the property became delinquent on her payments to the Southern Terrace Homeowners Association. As a result, the homeowners' association initiated nonjudicial foreclosure proceedings pursuant to NRS 116.3116, which culminated in the property being sold to respondent R Ventures VIII, LLC. Respondent then filed an action to quiet title pursuant to NRS 30.010 et seq. against several nonparty entities, claiming that the NRS 116.3116 foreclosure sale at which it acquired title extinguished all junior liens. The parties stipulated to add appellant as a defendant. Both parties filed motions for summary judgment. The district court granted respondent's motion and denied appellant's motion.

Thereafter, respondent requested costs and attorney fees pursuant to NRS 116.3116(8). The district court granted respondent's request on the basis that respondent's claims were brought under NRS 116.3116 and are the type of claims contemplated by NRS 116.3116(8). This appeal followed.

DISCUSSION

Appellant argues that the district court erred in awarding respondent costs and attorney fees pursuant to NRS 116.3116(8), asserting that such an award is available only to a party who prevails in an action brought by a homeowners' association to enforce its assessment lien. Respondent argues that NRS 116.3116(8) allowed a prevailing party to recover its costs and attorney fees in any action involving claims that relate to an NRS 116.3116 lien foreclosure. By its terms, NRS 116.3116(8) mandates the award of costs and attorney fees only in an "action brought under this section" by a homeowners' association to enforce its lien, not collateral litigation between third parties following an NRS 116.3116 foreclosure sale.

When issues concerning attorney fees implicate questions of law, such as statutory construction, the proper review is de novo. In re Estate & Living Tr. of Miller, 125 Nev. 550, 552-53, 216 P.3d 239, 241 (2009). "This court has established that when it is presented with an issue of statutory interpretation, it should give effect to the statute's plain meaning." MGM Mirage v. Nev. Ins. Guar. Ass'n, 125 Nev. 223, 228, 209 P.3d 766, 769 (2009). Therefore, "when the language of a statute is plain and unambiguous, such that it is capable of only one meaning, this court should not" look beyond the plain meaning of the statute. Id. at 228-29, 209 P.3d at 769.

Nevada's HOA lien statute, NRS Chapter 116.3116, is modeled after the Uniform Common Interest Ownership Act of 1982, § 3-116, 7 U.L.A., part II 121-24 (2009) (amended 1994, 2008) (UCIOA), which Nevada adopted in 1991, see NRS 116.001. NRS Chapter 116 confers to a homeowners' association a superpriority lien on a homeowner's unit for unpaid assessments and fines levied against the unit. See NRS 116.3116(1)-(2). The specific statute at issue, NRS 116.3116(8), stated that "[a] judgment or decree in any action brought under this section must include costs and reasonable attorney's fees for the prevailing party." Throughout NRS 116.3116 et seq. , the Legislature used the term "action" to refer to an action by a homeowners' association to enforce its lien, whether by judicial or nonjudicial foreclosure sale. See NRS 116.3116(2) ("The lien is also prior to all security interests ... to the extent of the assessments for common expenses ...

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Related

MGM Mirage v. Nevada Insurance Guaranty Ass'n
209 P.3d 766 (Nevada Supreme Court, 2009)
LePome v. Berkson
216 P.3d 239 (Nevada Supreme Court, 2009)
Will v. Mill Condominium Owners' Ass'n
2006 VT 36 (Supreme Court of Vermont, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
419 P.3d 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carrington-mortg-holdings-llc-v-r-ventures-viii-llc-nev-2018.