Wells Fargo Bank, N.A. v. Sfr Inv.'s Pool 1, LLC

• Court: Nevada Supreme Court
• Decided: March 18, 2016
• Docket: 67489
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

WELLS FARGO BANK, N.A., A No. 67489 NATIONAL BANKING ASSOCIATION, Appellant, vs. SFR INVESTMENTS POOL 1, LLC, A FILED NEVADA LIMITED LIABILITY COMPANY, MAR 1 8 2016 Resnondent. TRADE K. LINDEMAN CLERK Or SUPREME COURT

8Y DEPUTY CLERK

ORDER OF REVERSAL AND REMAND This is an appeal from a district court order granting a motion to dismiss in a quiet title action. Eighth Judicial District Court, Clark County; Douglas Smith, Judge. The allegations in appellant's amended complaint, if accepted as true, may provide one or more bases under existing law as to why the foreclosure sale did not extinguish appellant's deed of trust. See Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 227-28, 181 P.3d 670, 672 (2008); Neu. State Bank v. Jamison Family P'ship, 106 Nev. 792, 801, 801 P.2d 1377, 1383 (1990); see also Shadow Wood Homeowners Ass'n v. N.Y. Cmty. Bancorp, Inc., 132 Nev., Adv. Op. 5, P.3d (2016); SFR Invs. Pool 1, LLC v. U.S. Bank, N.A., 130 Nev., Adv. Op. 75, 334 P.3d 408 (2014). The district court therefore erred in dismissing appellant's

SUPREME COURT OF NEVADA

KO) 1947A 14, -0841(09 original complaint and denying appellant leave to file its amended complaint.' Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

n glaAti , J. Hardesty

J. Saitta

J.

cc: Hon. Douglas Smith, District Judge Wolfe & Wyman LLP Kim Gilbert Ebron Eighth District Court Clerk

'Although appellant sought leave to file the amended complaint, it does not appear from the record that appellant was required to do so. Costello v. Cosier, 127 Nev. 436, 439 n.2, 254 P.3d 631, 633 n.2 (2011).

SUPREME COURT OF NEVADA 2 (0) 1947A aeo