Bank of America, N.A. v. SFR Investments Pool 1, LLC et al

Filing 76

ORDER that 70 Motion to Certify is DENIED. The clerk shall enter judgment accordingly and close the case. Signed by Judge James C. Mahan on 3/17/17. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

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Case No. 2:15-CV-691 JCM (NJK)
Plaintiff(s),

ORDER

v.
SFR INVESTMENTS POOL 1 LLC, et al.,

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Defendant(s).

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Presently before the court is SFR Investments Pool 1, LLC’s (“SFR”) motion to certify a

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question of law to Nevada’s Supreme Court. (ECF No. 70). Bank of America, N.A. has filed a

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response (ECF No. 71), and SFR has filed a reply (ECF No. 72).

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SFR requests that the court certify the following question to the Nevada Supreme Court:

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“Whether NRS § 116.31168(1)’s incorporation of NRS § 107.090 requires homeowners’

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associations to provide notices of default to banks even when a bank does not request notice?”

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(ECF No. 70 at 1).

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The court declines to certify this question as controlling precedent is available for guidance.

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The Ninth Circuit, in Bourne Valley—which SFR cites to in its motion—expressly answered this

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exact question in the negative. See Bourne Valley Court Trust v. Wells Fargo Bank, NA, 832 F.3d

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1154, 1159 (9th Cir. 2016). More specifically, the Ninth Circuit held, in relevant part, as follows:

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James C. Mahan
U.S. District Judge

Bourne Valley argues that Nevada Revised Statute section 116.31168(1), which
incorporated section 107.090, mandated actual notice to mortgage lenders whose
rights are subordinate to a homeowners’ association super priority lien. . . .
According to Bourne Valley, this incorporation of section 107.090 means that
foreclosing homeowners’ associations were required to provide notice to mortgage
lenders even absent a request.
....
If section 116.31168(1)’s incorporation of section 107.090 were to have required
homeowners’ associations to provide notice of default to mortgage lenders even

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absent a request, section 116.31163 and section 116.31165 would have been
meaningless. We reject Bourne Valley’s argument.
Id. Therefore, the court will deny SFR’s motion.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that SFR’s motion to certify
(ECF No. 70) be, and the same hereby is, DENIED.
The clerk shall enter judgment accordingly and close the case.
DATED March 17, 2017.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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