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News & Press: Industry News

The Nevada HOA Super Lien Saga Continues

Tuesday, February 21, 2017  
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The Nevada HOA Super Lien Saga Continues

The Nevada Supreme Court declined to follow a 2016 Ninth Circuit decision that Nevada’s  statute on HOA liens violates due process based on its enactment being state action that invokes the Due Process Clause.  Instead, the Nevada Supreme Court once again upheld the Nevada law that grants priority to unpaid condominium assessments, thus extinguishing prior-recorded mortgages. The Nevada Supreme Court ruled that an HOA is not a state actor for purposes of the Due Process Clause when it forecloses, nor did the Legislator’s enactment of the statute constitute state action. The case is Saticoy Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage and was decided on  Jan 26, 2017.

California Land Title Association

1215 K Street #1816 Sacramento, CA 95814-3905
Email:  |  Phone: 916-444-2647  |   Fax: 916-444-2851