Legal Opinion
Bourne Valley Court Trust v. Wells Fargo Bank, NA
Court of Appeals for the Ninth Circuit
Decided August 12, 2016No. 15-15233PublishedCited by 129 opinions
1Opinion of the Court
Dissent by Judge WALLACE
OPINION
D.W. NELSON, Circuit Judge:
Nevada Revised Statutes section 116.3116 et seq. (the Statute)1 strips a mortgage lender of its first deed of trust when a homeowners’ association forecloses on the property based on delinquent homeowners’ association (HOA) dues. Before it was amended, it did so without regard for whether the first deed of trust was recorded before the HOA dues became delinquent, and critically, without requiring actual notice to the lender that the homeowners’ association intends to foreclose.
We hold that the Statute’s “opt-in” notice scheme, which…
2Cases cited11 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- American Manufacturers Mutual Insurance v. SullivanSupreme Court of the United States · 1999
- Elkins v. United StatesSupreme Court of the United States · 1960
- Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
- Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
6 more not listed; retrieve them via the Exa API.
3Cited by129 opinions
- Bank of America v. Arlington West Twilight HoaCourt of Appeals for the Ninth Circuit · 2019
- SFR Invs. Pool 1, LLC v. Bank of N.Y. MellonNevada Supreme Court · 2018
- fhlmc/freddie Mac v. Sfr Investments Pool 1, LLCCourt of Appeals for the Ninth Circuit · 2018
- Ln Management, LLC Series 5664 v. Jpmorgan Chase BankCourt of Appeals for the Ninth Circuit · 2020
- Wells Fargo Bank, Na v. Mahogany Meadows Avenue TrustCourt of Appeals for the Ninth Circuit · 2020
124 more not listed; retrieve them via the Exa API.