United States Ninth Circuit

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FHLMC/Freddie Mac v. SFR Investments Pool 1, LLC, 16-15962

Affirmed summary judgment motion in favor of plaintiff in their declaratory relief action regarding foreclosures under Nevada state law. A Nevada homeowners association (HOA) sold five foreclosed homes to defendant. The Nevada Foreclosure Statute provides that foreclosure on a HOA lien quashes all other property liens. Plaintiffs had purchased mortgage loans on the properties and did not consent to the foreclosure or sale. The court reasoned that the Federal Foreclosure Bar applied which provides that the properties are not subject to foreclosure with the consent of the plaintiff.

Appellate Information

  • Decided
  • Published 2018/06/25


  • Katzmann


  • United States Ninth Circuit