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DEUTSCHE BANK NAT'L v. FIDELITY NAT'L

No. 84161.

536 P.3d 915 (2023)

139 Nev. Adv. Opn. 45

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, in Trust FOR the REGISTERED HOLDERS OF MORGAN STANLEY ABS CAPITAL I TRUST 2004-HES, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-HE8, Appellant, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Respondent.

Supreme Court of Nevada.

Filed October 12, 2023.

Attorney(s) appearing for the Case

Wright, Finlay & Zak, LLP, and Darren T. Brenner and Lindsay D. Dragon , Las Vegas, for Appellant.

McCormick, Barstow, Sheppard, Wayte & Carruth LLP and Scott M. Reddie and Michael A. Pintar , Fresno, California; Early Sullivan Wright Gizer & McRae LLP and Scott E. Gizer and Sophia S. Lau , Las Vegas, for Respondent.

Hutchison & Steffen, PLLC, and Joseph C. Reynolds , Reno, for Amicus Curiae American Land Title Association.

BEFORE THE SUPREME COURT, EN BANC.

OPINION

In SFR Investments Pool 1, LLC v. U.S. Bank, N.A., we recognized that NRS 116.3116 designates a portion of an HOA's lien for assessment obligations as senior to a first deed of trust, and if this "superpriority piece" is foreclosed upon, it "extinguish[es] the first deed of trust." 130 Nev...

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