For the last several years, there has been a tremendous amount of litigation in Nevada arising from residential foreclosure sales conducted by homeowners’ associations (HOA). The main issue in those cases has been whether the...more
2/20/2020
/ Action to Quiet Title ,
CC&Rs ,
Contract Disputes ,
Deed of Trust ,
Foreclosure ,
Homeowners Association (HOA) ,
Lienholders ,
Mortgage Lenders ,
Mortgages ,
NV Supreme Court ,
Property Owners ,
Slander of Title ,
Super Priority
Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more
9/5/2017
/ Affirmative Defenses ,
Amended Complaints ,
Anti-Deficiency Provisions ,
Creditors ,
Final Judgment ,
Liens ,
Mortgage Lenders ,
Mortgages ,
NV Supreme Court ,
One-Action Rule ,
Public Policy ,
Secured Debt ,
Waivers
On September 30,2014, we posted “Lenders Beware: the Nevada Supreme Court Holds that Foreclosures of Homeowner’s Association Liens May Extinguish First Priority Deeds of Trust” which discussed the recent decision of SFR...more