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……………..
House Bill No. 5655: The Effective Repeal of a Condominium Association’s Ability to Collect Assessments and Other Misadventures in Legislation
On May 17th, 2016, Rep. Peter Lucido introduced a bill into the Michigan House which seeks to remake some very
The Nevada Supreme Court recently sent shockwaves through the mortgage lending industry when it issued its opinion in SFR Investments
The Nevada Supreme Court has ruled it neither arbitrary nor capricious for a trial judge to decline to perform a