from a district court order dismissing an action to quiet
title. Eighth Judicial District Court, Clark County; Douglas
W. Herndon, Judge.
Law, PLLC, and Robert B. Noggle, Las Vegas, for Appellant.
Akerman, LLP, and Darren T. Brenner and Natalie L. Winslow,
Las Vegas, for Respondent.
THE COURT EN BANC.
116.3116 provides homeowners' associations (HOAs) a
superpriority lien on up to nine months of unpaid HO A dues.
In SFR Investments Pool 1 v. U.S. Bank, this court
concluded that a lien pursuant to NRS 116.3116 is "a
true priority lien such that its foreclosure extinguishes a
first deed of trust on the property." 130 Nev., Adv. Op.
75, 334 P.3d 408, 409 (2014). The primary issue presented in
this case is whether the provisions of NRS 116.3116 are
preempted by federal law when the first deed of trust on the
property is insured through the Federal Housing
Administration (FHA). We conclude that because the FHA
insurance program specifically contemplates that lenders may
be subject to superpriority liens such as those provided in
NRS 116.3116, the preemption doctrine does not apply in these
Brian and Jennifer Ferguson bought a home in Las Vegas in
2008 using a mortgage insured through the FHA insurance
program. The promissory note and deed of trust were
eventually assigned to respondent Lakeview Loan Servicing,
2013, the Fergusons' HOA initiated foreclosure
proceedings pursuant to NRS 116.3116. Appellant Kenneth
Renfroe purchased the property at a foreclosure sale on April
18, 2014. Renfroe subsequently filed suit to quiet title to
filed a motion to dismiss, arguing that the NRS Chapter 116
foreclosure sale of federally insured property was void under
the Supremacy Clause of the United States Constitution. The
district court granted the motion. Renfroe appeals.
preemption doctrine stems from the Supremacy Clause of the
United States Constitution, which provides:
This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any Thing in the