SFR INVESTMENTS POOL 1 v. U.S. BANK

No. 63078.

334 P.3d 408 (2014)

SFR INVESTMENTS POOL 1, LLC, A Nevada Limited Liability Company, Appellant, v. U.S. BANK, N.A., A National Banking Association as Trustee for the Certificate Holders of the Banc of America Mortgage Pass-through Certificates, Series 2008-A, Respondent.

Supreme Court of Nevada.

September 18, 2014.


Attorney(s) appearing for the Case

Howard Kim & Associates and Jacqueline A. Gilbert , Howard C. Kim , and Diana S. Cline , Henderson, for Appellant.

Akerman LLP and Ariel E. Stern and Natalie L. Winslow , Las Vegas, for Respondent.

BEFORE THE COURT EN BANC.


OPINION

By the Court, PICKERING, J.:

NRS 116.3116 gives a homeowners' association (HOA) a superpriority lien on an individual homeowner's property for up to nine months of unpaid HOA dues. With limited exceptions, this lien is "prior to all other liens and encumbrances" on the homeowner's property, even a first deed of trust recorded before the dues became delinquent. NRS 116.3116(2). We must decide whether this is a true priority lien such that its...

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