Document Type
Case Summary
Publication Date
11-26-2023
Case Synopsis
Under NRS 116.3116, Nevada law designates a portion of an HOA’s lien for assessment obligations as senior to a first deed of trust. When this portion - a “superpriority lien” - is foreclosed upon, it extinguishes the first deed of trust. The Court held that this loss of interest in the property by the first deed of trust holder is not recoverable by making a claim on its title- insurance policy because the superpriority lien came into existence only upon such obligation’s delinquency and, therefore, arose post-policy. Because the enforceability of the lien here fell outside of the coverage of the title insurance policy, the insured could not recover their loss.
Recommended Citation
Samberg, Alice, "Deutsche Bank Nat’l Tr. v. Fid. Nat’l, 139 Nev. Adv. Op. 45 (Oct. 12, 2023)" (2023). Nevada Supreme Court Summaries. 1614.
https://scholars.law.unlv.edu/nvscs/1614