Daniel Lakes v. U.S. Bank Trust, 137 Nev. Adv. Op. 85 (Dec. 30, 2021)

No issue of material fact exists in this case because the undisputed evidence confirms that the first deed-of-trust beneficiary protected its interest in the property when it tendered the superpriority part of the Home Owners’ Association’s lien prior to the foreclosure sale. The Court was not persuaded by the appellant’s argument that the respondent cannot enforce its first-priority interest since the appellant recorded his grant, bargain, and sale deed prior to the respondent recorded its assignment as first deed-of-trust beneficiary. The appellant bought interest in property subject to the first deed-of trust lien that was recorded years before his purchase. Therefore, the appellant recording his deed prior to respondent’s recording of the assignment does not influence the respondent’s right to enforce its lien since the assignment did not change the appellant’s subordinate interest. The Court affirmed the district court’s ruling quieting title in respondent’s favor