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WEEPING HOLLOW AVE. TRUST v. SPENCER

No. 13-16060.

831 F.3d 1110 (2016)

WEEPING HOLLOW AVENUE TRUST, Plaintiff-Appellant, v. Ashley B. SPENCER, an individual; Wells Fargo Bank, NA, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 2, 2016.

Attorney(s) appearing for the Case

Jacqueline A. Gilbert (argued), Kim Gilbert Ebron , Las Vegas, Nevada; Kerry P. Faughnan , Law Offices of Kerry P. Faughnan, North Las Vegas, Nevada; for Plaintiff-Appellant.

Andrew M. Jacobs (argued), Snell & Wilmer LLP, Tucson, Arizona; Kelly H. Dove , Snell & Wilmer, LLP, Las Vegas, Nevada; for Defendant-Appellee Wells Fargo Bank, N.A.

No appearance for Defendant-Appellee Ashley B. Spencer.

Before: J. Clifford Wallace, Dorothy W. Nelson, and John B. Owens, Circuit Judges.

OPINION

Nevada has a statute that gives a homeowners' association lien priority over "all other liens and encumbrances" (subject to some limited exceptions) for up to nine months of unpaid HOA fees. NEV. REV. STAT. § 116.3116(2)-(3) (2012). This statute has engendered substantial litigation in both state...

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