from, a district court order granting a motion for summary
judgment in a quiet title action. Eighth Judicial District
Court, Clark County; Elissa F. Cadish, Judge. Affirmed.
Gilbert Ebron and Karen L. Hanks and Jacqueline A. Gilbert,
Las Vegas; Law Offices of Michael F. Bonn, Ltd., and Michael
F. Bohn, Las Vegas, for Appellant.
Lemons, Grundy & Eisenberg and Robert L. Eisenberg, Reno;
Aldridge Pite, LLP, and Jory C. Garabedian, Laurel I.
Handley, and Anthony R. Sassi, Las Vegas, for Respondent.
& Porter LLP and Michael A.F. Johnson and Howard N.
Cayne, Washington, D.C.; Fennemore Craig P.C. and Leslie L.
Bryan-Hart and John D. Tennert, Reno, for Amicus Curiae
Federal Housing Finance Agency.
2008, the Federal Housing Finance Agency (FHFA) placed
respondent Federal National Mortgage Association (Fannie Mae)
into conservatorship pursuant to the Housing and Economic
Recovery Act (HERA). As conservator, the FHFA is authorized
to take over and preserve Fannie Mae's assets and
property. When the FHFA is acting as a conservator, 12 U.S.C.
§ 4617(j)(3) (the Federal Foreclosure Bar) protects its
property from nonconsensual foreclosure. In this case, we
must decide whether a regulated entity like Fannie Mae has
standing to assert the Federal Foreclosure Bar in a quiet
title action and, if so, whether the Federal Foreclosure Bar
preempts NRS 116.3116, which allows a homeowners'
association foreclosure on a superpriority lien to extinguish
a first deed of trust. We answer both questions in the
affirmative and further hold that the Federal Foreclosure Bar
invalidates any purported extinguishment of a regulated
entity's property interest while under the FHFA's
conservatorship unless the FHFA affirmatively consents. We
AND PROCEDURAL HISTORY
Rieta Moreno (the Morenos) obtained a home loan in the amount
of $174, 950 from Countrywide Home Loans, Inc., that was
secured by a deed of trust on a property located in Las
Vegas. The deed of trust was recorded and named Mortgage
Electronic Registration Systems, Inc., as the beneficiary.
Respondent Fannie Mae was subsequently assigned the deed of
Saticoy Bay LLC Series 9641 Christine View (Saticoy Bay)
purchased the property at an HOA foreclosure sale for $26,
800 after the Morenos failed to pay their HOA dues.
Thereafter, Saticoy Bay brought suit against Fannie Mae,
among others, to quiet title. Both parties filed motions for
summary judgment. The district court granted Fannie Mae's
countermotion for summary judgment, concluding that 12 U.S.C.
§ 4617(j)(3) preempts NRS 116.3116, and thus, the
foreclosure sale did not extinguish Fannie Mae's deed of
trust without the FHFA's consent. Because the district
court found that the FHFA did not consent to the foreclosure
sale, Saticoy Bay's interest in the property was subject
to the deed of trust. Saticoy Bay now appeals the district
of standing and whether a federal statute preempts state law
are questions of law subject to de novo review. Arguello
v. Sunset Station, Inc., 127 Nev. 365, 368, 252 P.3d
206, 208 (2011); Nanopierce Techs., Inc. v. Depository
Tr. & Clearing Corp., 123 Nev. 362, 370, 168 P.3d
73, 79 (2007). In addition, a district court's grant of
summary judgment is reviewed de novo. Wood v. Safeway,
Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005).
Summary judgment is proper if the pleadings and all other
evidence on file demonstrate that no genuine issue of
material fact exists and that the moving party is entitled to
judgment as a matter of law. Id.; see also NRCP
56(c). When deciding a summary judgment motion, all evidence
"must be viewed in a light most favorable to the
nonmoving party." Wood, 121 Nev. at 729, 121
P.3d at 1029. General allegations and conclusory statements
do not create genuine issues of fact. See id. at
731, 121 P.3d at 1030-31.
Mae has standing to invoke the Federal Foreclosure Bar
Bay argues that Fannie Mae lacks standing to assert that the
Federal Foreclosure Bar preempts NRS 116.3116 because (1)
HERA only protects the property of the FHFA, and (2) the FHFA
is not a party to this case. Fannie Mae argues that it has
standing to assert the Federal Foreclosure Bar because
private parties routinely invoke federal statutory
protections in ...