Guinn v. Federal Deposit Insurance Corp. (Nrap 5)

• Court: Nevada Supreme Court
• Decided: June 26, 2014
• Docket: 60888
• Status: Unpublished

Opinion

amend its pleading to formally state a claim for a deficiency judgment or move for summary judgment on the deficiency within six months of the foreclosure sale or trustee's sale to comply with NRS 40.455(1) and obtain a deficiency judgment?

2. If the answer to Question No. 1 is "yes," does a written letter from the creditor to the guarantors' counsel within the context of settlement discussions, which identifies the purported amount of the deficiency, and is delivered within six months of the foreclosure sale, sufficient to constitute an application under NRS 40.455(1) to obtain a deficiency judgment as part of an existing litigation?

3. Is NRS 40.455(1) a substantive statute of repose or a procedural statute of limitations?

As we believe there is controlling Nevada precedent with respect to the first two questions, we decline to answer these certified questions. See NRAP 5(a). Specifically, in Lavi v. Eighth Judicial District Court, 130 Nev. P.3d (Nev. Adv. Op. 38, May 29, 2014), we addressed when and how an application for a deficiency judgment must be made. With regard to the third certified question, we have read the certifying court's statement of facts and are unable to determine the context in which this question is being asked. NRAP 5(c)(2) (requiring a certification order to include "[a] statement of all facts relevant to the questions certified"). Accordingly, we decline this question as well. In re Fontainebleau Las Vegas Holdings, 127 Nev. , 267 P.3d 786, 795 (2011) ("[T]his court is bound by the facts as stated in the certification

SUPREME COURT Of NEVADA 2 (0) 1947A order and. . . this court cannot make findings of fact in responding to a certified question."). It is so ORDERED.'

,C.J.

J. Hardesty

424jtC6—gi Parraguirre tr" J.

J. Douglas

Ck J.

(-kV. Cherry

J. Saitta

1 The Honorable Kristina Pickering, Justice, voluntarily recused herself from participation in the decision of this matter. Bailey Kennedy's August 7, 2013, motion to withdraw as counsel is granted.

SUPREME COURT OF NEVADA 3 1947A 007D cc: Bailey Kennedy Morris Law Group Clerk, United States District Court for the District of Nevada

SUPREME COURT OF NEVADA 4 (0) I947A