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Expert Analysis

HOA Superpriority Litigation Intensifies In Nevada

Law360, New York ( July 1, 2015, 5:52 PM EDT) -- For the last three years in Nevada, lenders and homeowners' associations have been battling over the interpretation of Nevada's version of the Uniform Common Interest Ownership Act, which provides a limited superpriority lien for HOAs to recover past due assessments. One critical provision of that act, codified as NRS 116. 3116 et seq. , states that a first recorded deed of trust has priority over an HOA lien, except for nine months of past due HOA assessments, which is granted a "superpriority" status over the first recorded deed of trust. NRS 116. 3116(2). . . .

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