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LAKES v. U.S. BANK TRUST, TRUSTEE FOR LSF9

No. 79324.

501 P.3d 426 (2021)

137 Nev. Adv. Opn. 85

Daniel LAKES, an Individual, Appellant, v. U.S. BANK TRUST, TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, Respondent.

Supreme Court of Nevada.

FILED December 30, 2021.

Attorney(s) appearing for the Case

Hartwell Thalacker, Ltd., and Doreen M. Spears Hartwell and Laura J. Thalacker , Las Vegas, for Appellant.

Ballard Spahr LLP and Maria A. Gall and Joel E. Tasca , Las Vegas; McGuire Woods LLP and Gilbert Charles Dickey and Stephanie J. Peel , Los Angeles, California, and Washington, D.C., for Respondent.

Fennemore Craig, P.C., and Leslie Bryan Hart and John D. Tennert III , Reno, for Amicus Curiae Federal Home Loan Mortgage Corporation.

BEFORE THE SUPREME COURT, EN BANC.

OPINION

By statute, a homeowners' association (HOA) obtains a lien afforded superpriority status for a portion of delinquent HOA assessments. When the HOA properly forecloses on that lien, it extinguishes the first deed of trust on the property. The first deed-of-trust beneficiary can protect its interest...

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