Document Type

Case Summary

Publication Date

1-26-2017

Comments

The Court determined that (1) Nevada’s superiority lien statutes in NRS 116.3116‑.31168 do not implicate due process when an homeowners’ association (HOA) conducts a nonjudicial foreclosure sale; and (2) that extinguishing a subordinate deed of trust through the same foreclosure sale is not a government taking, thus the statute does not violate the Takings Clauses of both the United States and Nevada Constitutions.

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