SFR Investments Pool 1, LLC v. Bank of New York Mellon

Summary

The Nevada Supreme Court affirmed a district court judgment holding that a deed of trust survived an HOA foreclosure sale. The court concluded that the respondent's quiet title claim was timely under NRS 11.220, relying on U.S. Bank, N.A. v. Thunder Properties, Inc. The court issued the decision without oral argument.

Holdings

1. The bank's 2015 quiet title claim was timely because NRS 11.220's four-year limitations period governs a deed-of-trust beneficiary's quiet title claim in circumstances such as these, and the claim was timely under any conceivable accrual date.
2. Under the facts of this case, the bank was not required to specifically plead tender as a separate claim or expressly reference tender in the complaint.

Questions Presented

1. Whether the bank's quiet title claim concerning the survival of its deed of trust was barred by the applicable statute of limitations.
2. Whether the bank was required to specifically plead or otherwise expressly identify the tender as a claim within the limitations period.

Disposition

affirmed