NATIONSTAR MORTGAGE LLC v. SFR INVESTMENTS POOL LLC (2020)

ORDER OF REVERSAL AND REMAND

The district court denied appellant's motion for leave to file an amended pleading, reasoning that amendment would be futile because 12 U.S.C. § 4617(b)(12)’s three-year limitation period applies to actions to enforce the Federal Foreclosure Bar. However, we recently held in JPMorgan Chase Bank, National Ass'n v. SFR Investments Pool 1, LLC, 136 Nev., Adv. Op. 68 (2020), that 12 U.S.C. § 4617(b)(12)’s six-year limitation period applies to any action brought to enforce the Federal Foreclosure Bar, Consequently, the district court's legal basis for denying appellant's motion for leave to amend was erroneous. See Anderson v. Mandalay Corp., 131 Nev. 825, 832, 358 P.3d 242, 247 (2015) (“Although we generally review a district court's decision on a motion for leave to amend for abuse of discretion, futility is a question of law reviewed de novo because it is essentially an NRCP 12(b)(5) inquiry, asking whether the plaintiff could plead facts that would entitle her to relief.” (internal citation omitted)). We therefore

ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.