High Court Asked To Weigh In On Nevada Foreclosure Law

Law360, New York (May 8, 2017, 6:43 PM EDT) -- A Nevada-based property trust has asked the U.S. Supreme Court to review a Ninth Circuit decision invalidating a Nevada law that gives lien priority to homeowners associations seeking back dues in foreclosure, telling the high court that the ruling has left hundreds of foreclosure-related cases in legal limbo.

In its April 3 petition for a writ of certiorari, Bourne Valley Court Trust said the Ninth Circuit used faulty legal logic to conclude Nevada's enactment of the law amounted to a "state action" that violated the 14th Amendment's due process guarantee by allowing homeowners associations to bypass the courts and initiate foreclosure...

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