Abran Vigil

Abran Vigil

Ballard Spahr LLP

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Courts, States Continue to Wrestle with Homeowners Association Assessment Liens

The circumstances under which a condominium or homeowners association (HOA) lien for unpaid assessments may wipe out a lender’s mortgage lien continues to evolve across the country. As noted in our previous alerts regarding...more

8/3/2015 - Bank of America Condominiums Fannie Mae FHFA Foreclosure Freddie Mac Homeowners' Association HUD Liens Mortgages Preemption Residential Property Owners

Nevada Amends Law Regarding Deficiency Judgment Calculation

By amending a statute that limits deficiency judgment amounts in certain cases, Nevada lawmakers have attempted to restore balance as the law applies to commercial properties. The amendments follow a recent wave of litigation...more

7/22/2015 - Assignments Banks Commercial Bankruptcy Commercial Real Estate Market Contracts Clause Deficiency Judgments FIRREA Foreclosure Lenders Loans Preemption

Nevada Amends Laws Regarding Homeowners’ Association Liens

While an amended Nevada Senate bill does not change the Nevada Supreme Court’s seminal holding that an association lien is a true priority lien that, when properly foreclosed, may extinguish a first deed of trust, the new law...more

6/17/2015 - Creditors Deed of Trust Financial Institutions Foreclosure Homeowners' Association Liens New Legislation Right To Cure

Recent Nevada Supreme Court Opinions Impact Deficiency Actions

The Nevada Supreme Court recently issued two significant opinions that impact deficiency judgment actions in Nevada, and is preparing to issue a third. In Munoz v. Branch Banking and Trust Company, Inc., the Court held that...more

5/12/2015 - Assignments Banking Sector Court-Appointed Receivers Deficiency Judgments FIRREA Mortgage Lenders NV Supreme Court Preemption

Nevada Supreme Court Addresses Private Sale Through Receivership

In U.S. Bank, N.A. v. Palmilla Development, Co., Inc., the Nevada Supreme Court recently confirmed that a receiver’s sale is a form of foreclosure sale that triggers a secured party’s right to a deficiency judgment. This...more

3/16/2015 - Deficiency Judgments Foreclosure Statute of Limitations US Bank

HOA Lien Extinguishes First Deed of Trust in Foreclosure, Nevada Supreme Court Holds

On the heels of a recent D.C. Court of Appeals ruling, the Nevada Supreme Court issued an opinion yesterday holding that a homeowners association (HOA) lien is a true super-priority lien that, if foreclosed upon, extinguishes...more

9/22/2014 - Appeals Foreclosure Homeowners' Association Judicial Foreclosure Process Liens Non-Judicial Foreclosures Super Priority

Lenders and Servicers: Be Aware of How Trustees Handle Excess Proceeds from HOA Foreclosure Sales in Nevada

Lenders and servicers have been addressing the issue of some Nevada courts ruling that a foreclosure sale by a homeowners association (HOA) "wipes out" a senior deed of trust. Since the date of our last legal alert on this...more

4/14/2014 - Deed of Trust First-Lien Foreclosure HOA Lenders Mortgage Servicers Trustees

Mortgage Banking Industry Fights Use of Eminent Domain To Seize Underwater Mortgage Loans

In the aftermath of the foreclosure crisis, a number of local governments are weighing whether to use the power of eminent domain to assist homeowners struggling with underwater mortgages held by lenders who have issued...more

9/20/2013 - Eminent Domain Lenders Mortgages Municipalities RMBS State and Local Government Underwater Homeowners

Important Changes to Nevada's Non-Judicial Foreclosure Process

Lenders who secure loans with real property and their foreclosing trustees should be aware of important changes to the Nevada Revised Statutes regarding non-judicial foreclosures that went into effect on June 1, 2013....more

6/21/2013 - Borrowers Deed of Trust Foreclosure Lenders Mortgages Non-Judicial Foreclosures

Nevada Supreme Court To Consider 'Foreclosure Sale' Definition

Special servicers and lenders who have loans secured by real property in Nevada should be aware of a case that is on appeal in that state. Briefing is about to begin on what could be an important win, or loss, for the lending...more

6/17/2013 - Borrowers Default Foreclosure Lenders Mortgages Trustees

Nevada Appeals Court To Consider ‘Foreclosure Sale’ Definition

Special servicers and lenders who have loans secured by real property in Nevada should be aware of a case that is on appeal in that state. Briefing is about to begin on what could be an important win, or loss, for the lending...more

6/3/2013 - Deficiency Judgments Foreclosure Lenders Loans Mortgage Servicers Mortgages Trustees

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

3/21/2013 - Amount in Controversy CAFA Class Action Data Protection Debt Collection FDCPA Foreclosure FTC HOA Licenses Liens Mobile Payments Mortgages Privity of Contract Res Judicata Robo-Signing SCOTUS Uniform State Test

Residential Lenders in Nevada Losing Out in HOA Lien Foreclosures

In recent months, homeowners associations (HOAs) in Nevada have been foreclosing on their liens for delinquent assessments. HOAs are a part of everyday life for homeowners and lenders in Nevada, but the recent trend of HOA...more

3/20/2013 - Action to Quiet Title Foreclosure Homeowners' Association Liens Mortgages

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