Bank of America v. Arlington West Twilight Homeowners Assoc., No. 17-15796 (9th Cir. 2019)
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The Ninth Circuit reversed the district court's grant of summary judgment for the HOA in an action brought by the bank after the HOA conducted a foreclosure on residential property. Under Nevada law, HOAs are granted a lien with superpriority status on property governed by the association and the portion of the lien with superpriority status consists of the last nine months of unpaid HOA dues and any unpaid maintenance and nuisance abatement charges.
Under Bank of America, N.A. v. SFR Invs. Pool 1, LLC, the panel held that the bank's tender of nine months of HOA dues ($423) satisfied the superpriority portion of the HOA's lien. The panel also held that the HOA had no good faith basis for believing that the bank's tender was insufficient. The panel held that Bourne Valley Court Trust v. Wells Fargo Bank, NA, was no longer controlling and rejected the bank's argument that the Nevada HOA lien statute violated the Due Process Clause, in light of SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon. The panel held that Nev. Rev. Stat. 116.3116 et seq. was not facially unconstitutional on the basis of an impermissible opt-in scheme, and the bank received actual notice in this case. Finally, the panel agreed with Nevada precedent that Nev. Rev. Stat. 116.3116 et seq. was not preempted by the federal mortgage insurance program.
Court Description: Nevada Foreclosure Law The panel reversed the district court’s summary judgment entered in favor of a homeowners’ association (“HOA”) in a diversity action brought by Bank of America, N.A., after the HOA conducted a foreclosure on residential real property in Las Vegas, Nevada. The property was in a neighborhood governed by the defendant HOA, and the original owners purchased the property using a mortgage insured by the Federal Housing Administration. The deed of trust securing the loan was later assigned to Bank of America. The State of Nevada grants HOAs a lien with superpriority status on property governed by the association. The portion of the lien with superpriority status consists of the last nine months of unpaid HOA dues and any unpaid maintenance and nuisance-abatement charges. Nev. Rev. Stat. § 116.3116(2). Concerning Bank of America’s quiet title claim, the panel held that pursuant to the Nevada Supreme Court’s decision in Bank of America, N.A. v. SFR Invs. Pool 1, LLC, 427 P.3d 113 (Nev. 2018), the bank’s tender of $423, based on the ledger provided by the HOA, plainly satisfied the superpriority portion of the HOA’s lien. The panel rejected
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