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BANK OF NY MELLON v. ENCHANTMENT AT SUNSET BAY

No. 19-17048.

2 F.4th 1229 (2021)

BANK OF NEW YORK MELLON, fka Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-54CB, Mortgage Pass-Through Certificates Series 2005-54CB, Plaintiff-Appellant, v. ENCHANTMENT AT SUNSET BAY CONDOMINIUM ASSOCIATION; 732 Hardy Way Trust, Defendants-Appellees, and Harold Hill; Nevada Association Services, Inc., Defendants.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2021.

Attorney(s) appearing for the Case

Ariel E. Stern (argued), Natalie L. Winslow , and Rex D. Gardner , Akerman LLP, Las Vegas, Nevada, for Plaintiff-Appellant.

Michael F. Bohn (argued), Law Offices of Michael F. Bohn, Henderson, Nevada, for Defendant-Appellee 732 Hardy Way Trust.

Ryan D. Hastings (argued) and Sean L. Anderson , Leach Kern Gruchow Anderson Song, Las Vegas, Nevada, for Defendant-Appellee Enchantment at Sunset Bay Condominium Association.

Dissent by Judge Forrest

OPINION

In this case, we are again presented with the effect of a foreclosure of a superpriority lien granted to a homeowners' association (HOA) under Nevada Revised Statute 116.3116.1 As a consequence of the late-2000's financial crisis and its effect on Nevada homeowners, our court...

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