Green Tree Servicing LLC v. SFR Investments Pool1, LLC et al
ORDER. IT IS HEREBY ORDERED that Defendant SFR Investments Pool 1, LLC's 84 Motion to Certify a Question of Law to Nevada's Supreme Court is Denied. Signed by Magistrate Judge Cam Ferenbach on 01/05/2017. (Copies have been distributed pursuant to the NEF - NEV)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
GREEN TREE SERVICING, LLC,
SFR INVESTMENTS POOL 1, LLC, et al.,
ORDER DENYING MOTION TO CERTIFY
A QUESTION OF LAW TO NEVADA’S
SUPREME COURT (ECF No. 84)
Before the court is the Motion to Certify a Question of Law to Nevada’s Supreme Court. (ECF
Movant proposes certification of the following question:
Whether NRS § 116.31168(1)’s
incorporation of NRS § 107.090 requires homeowners’ associations to provide notices of default to banks
even when a bank does not request notice. Movant argues that an answer to this question will be
determinative of part of this case and will settle important questions of law.
As movant notes in its points and authorities, the Ninth Circuit construed NRS § 116.31168(1)’s
incorporation of NRS § 107.090 as not requiring associations “to provide notice of default to mortgage
lenders even absent a request . . . .” Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154,
1159 (9th Cir. 2016). Movant argues that the Ninth Circuit incorrectly “acted as though there is not
controlling Nevada precedent on NRS § 116.31168(1)’s meaning.” (ECF No. 84 at p. 3).
Movant cites no authority for this court to review the soundness of decisions rendered by the Ninth
Circuit. On this record, the certification requested would not be appropriate. Given the volume of state
court litigation activity concerning these super-priority lien disputes, it is hard to see how certification of
this question is necessary.
IT IS HEREBY ORDERED that Defendant SFR Investments Pool 1, LLC’s Motion to Certify a
Question of Law to Nevada’s Supreme Court. (ECF No. 84) is DENIED.
DATED this 5th day of January, 2017.
UNITED STATES MAGISTRATE JUDGE
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