U.S. Bank, N.A. v. Thunder Properties, Inc., No. 17-16399 (9th Cir. 2020)
Annotate this CaseThe Ninth Circuit certified to the Nevada Supreme Court the following questions: (1) When a lienholder whose lien arises from a mortgage for the purchase of a property brings a claim seeking a declaratory judgment that the lien was not extinguished by a subsequent foreclosure sale of the property, is that claim exempt from statute of limitations under City of Fernley v. Nevada Department of Taxation, 366 P.3d 699 (Nev. 2016)? (2) If the claim described in (1) is subject to a statute of limitations: (a) Which limitations period applies? (b) What causes the limitations period to begin to run?
Court Description: Certification to Nevada Supreme Court The panel certified to the Nevada Supreme Court the following questions: (1) When a lienholder whose lien arises from a mortgage for the purchase of a property brings a claim seeking a declaratory judgment that the lien was not extinguished by a subsequent foreclosure sale of the property, is that claim exempt from statute of limitations under City of Fernley v. Nevada Department of Taxation, 366 P.3d 699 (Nev. 2016)? (2) If the claim described in (1) is subject to a statute of limitations: (a) Which limitations period applies? (b) What causes the limitations period to begin to run? The case arose out of a Nevada statutory scheme that permits a homeowners association to attach a lien with partial superpriority status to a homeowner’s property. See Nev. Rev. Stat. § 116.3116. U.S. BANK V. THUNDER PROPERTIES 3
The court issued a subsequent related opinion or order on February 17, 2022.
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