United States Ninth Circuit
Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 15-15233
In a Trust's action to quiet title on real property that it had acquired after the property had been foreclosed by a homeowners' association, the District Court's grant of summary judgment to plaintiff is vacated where Nevada Revised Statutes section 116.3116's 'opt-in' notice scheme, which required a HOA to alert a mortgage lender that it intended to foreclose only if the lender had affirmatively requested notice, facially violated the lender's constitutional due process rights under the Fourteenth Amendment to the Federal Constitution.
Appellate Information
- Published 2016/08/12
Judges
- NELSON
Court
- United States Ninth Circuit