Legal Opinion

Alex Berezovsky v. Bank of America

Court of Appeals for the Ninth Circuit

Decided August 25, 2017No. 16-15066PublishedCited by 135 opinions

1Opinion of the Court

OPINION

MUELLER, District Judge:

If a homeowners association member in Nevada misses property payments for six months, Nevada law equips the association with the ability to foreclose on a “superpri-ority lien,” quashing all other property liens or interests recorded after the recor-dation of the Covenants, Conditions, and Restrictions attached to the title. On its face, this superpriority lien has the potential to trump certain federal property interests, despite Congress’s passage of a provision known as the Federal Foreclosure Bar, which prohibits nonconsensual foreclosure of Federal Housing…

2Cases cited22 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  5. Arizona v. United StatesSupreme Court of the United States · 2012

17 more not listed; retrieve them via the Exa API.

3Cited by135 opinions

  1. Daisy Trust v. Wells Fargo Bank, N.A.Nevada Supreme Court · 2019
  2. fhlmc/freddie Mac v. Sfr Investments Pool 1, LLCCourt of Appeals for the Ninth Circuit · 2018
  3. Saticoy Bay LLC v. Fed. Nat'l Mortg. Ass'nNevada Supreme Court · 2018
  4. Ln Management, LLC Series 5664 v. Jpmorgan Chase BankCourt of Appeals for the Ninth Circuit · 2020
  5. Fed. Hous. Fin. Agency, Home Loan Mortg. Corp. v. LN Mgmt. LLCDistrict Court, D. Nevada · 2019

130 more not listed; retrieve them via the Exa API.

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