Berberich v. Bank of America, N.A.Annotate this Case
The Supreme Court reversed the judgment of the district court dismissing Appellant's quiet title action under Nev. R. Civ. P. 12(b)(5), holding that the limitations period in Nev. Rev. Stat. 11.080 does not run against an owner who is in undisputed possession of the land, and because the facts alleged did not establish whether or when possession was disturbed here, the complaint was improperly dismissed.
Six and one-half years after purchasing property at a homeowners' association foreclosure sale Appellant filed this action seeking a judicial declaration that the foreclosure extinguished the deed of trust that secured the prior homeowner's mortgage. At issue was whether the action was barred by section 11.080 because Appellant had been in possession of the property for more than five years before commencing the quiet title action. The district court concluded that the limitations period in section 11.080 began to run against Appellant when he acquired the property at the foreclosure sale. The Supreme Court reversed, holding that because the district court did not consider the fact that the statute of limitations ran from the time Appellant's ownership or possession of the property was disputed the court erred in granting Respondent's motion to dismiss.