AB273 is now headed to the Nevada Supreme Court for in two separate cases. In the Sandpointe Apartments, LLC et al. v. Eighth Judicial District Court et al. matter, the Nevada Supreme Court recently granted the defendant/appellant's request for stay of the district court action and set an expedited briefing schedule. In Sandpointe, Judge Elizabeth Gonzalez of the Eighth Judicial District Court in Las Vegas ruled on competing motions for summary judgment that AB273 was not retroactive and thus did not apply to protect the borrower on a loan that predated the effective date of AB273.
In a separate case, Golshan, et al. v. City National Bank, Judge Gonzalez had previously granting summary judgment in favor of City National Bank, represented by Holland & Hart, and in so doing found that AB273 was not retroactive. The defendants thereafter appealed the judgment and a briefing schedule was recently set. City National also recently asked the Supreme Court to dismiss the Sandpointe writ or, alternatively, to intervene in the Sandpointe matter so that its arguments regarding AB273 may be heard.
-- Justin Jones