Weeping Hollow Avenue Trust v. Ashley Spencer

OPINION

WALLACE, Senior Circuit Judge:

Nevada has a statute that gives a homeowners’ association lien priority over “all other liens and encumbrances” (subject to some limited exceptions) for up to nine months of unpaid HOA fees. Nev. Rev. Stat. § 116.3116(2)-(3) (2012). This statute has engendered substantial litigation in both state and federal courts. See, e.g., Freedom Mortg. Corp. v. Las Vegas Dev. Grp., LLC, 106 F.Supp.3d 1174 (D. Nev. 2015); SFR Invs. Pool 1, LLC v. U.S. Bank, N.A., 334 P.3d 408 (Nev. 2014). In this case, Wells Fargo Bank, NA (Wells Fargo) asks us to invalidate the…