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WELLS FARGO BANK v. MAHOGANY MEADOWS AVENUE TRUST

No. 18-17320.

979 F.3d 1209 (2020)

WELLS FARGO BANK, N.A., Plaintiff-Appellant, v. MAHOGANY MEADOWS AVENUE TRUST, Defendant-Appellee, and Copper Creek Homeowners Association; Hampton & Hampton Collections, LLC, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2020.

Attorney(s) appearing for the Case

Andrew M. Jacobs (argued), Snell and Wilmer LLP, Phoenix, Arizona; Kelly H. Dove , Snell and Wilmer LLP, Las Vegas, Nevada; for Plaintiff-Appellant.

Michael F. Bohn (argued), Law Offices of Michael F. Bohn, Henderson, Nevada, for Defendant-Appellee.

Before: Mary H. Murguia and Eric D. Miller, Circuit Judges, and George Caram Steeh III, District Judge.

OPINION

Nevada law gives a homeowners association (HOA) a superpriority lien on properties within the association for certain unpaid assessments. By foreclosing on a property, an HOA can extinguish other liens, including a first deed of trust held by a mortgage lender. We are asked to decide whether this scheme effects...

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