Nevada Supreme Court Accepts Certified Question in HOA Lien Litigation Case – Should the SFR Decision Apply Retroactively?

We previously reported on the Nevada Supreme Court’s decision in SFR Investments Pool 1, LLC. v. U.S. Bank, N.A., holding that a homeowners association (HOA) lien is a true super-priority lien that upon foreclosure extinguishes a first deed of trust. This decision came as a surprise to many, including the district court judges who sharply disagreed on the proper interpretation of Nevada’s statute and whether it in fact provided for a true super-priority lien. Yet, SFR left many unanswered questions, including whether its core holding—that foreclosure of an HOA lien could extinguish a first deed of trust—applies retroactively. That question may soon be answered.     Read the article……………..


Related Articles

HOA Not Entitled To Fees Where Gist Of Successor Homeowner’s Suit Was Fraud Based (CA)

In Mims v. Park Hill on Pepper Avenue Community Association, Case No. E065990 (4th Dist., Div. 2 Sept. 13, 2017)

Can an Association Collect Assessments Once a Homeowner Files Chapter 13 Bankruptcy?

Many associations know they should refrain from seeking collection efforts against homeowners for outstanding pre-petition assessments, but what about post-petition assessments?

U.S. Supreme Court Ruling Could Impact Community Associations

The U.S. Supreme Court has been in the news a lot which is not surprising given its recent newsworthy rulings.