Court’s HOA foreclosure ruling ‘a win for Nevada,’ Las Vegas investor says

The recent Nevada Supreme Court decision that allows homeowners associations to trump mortgage lenders in foreclosing on homes sent a shot from Carson City across the state and through the Nevada real estate community. The ruling has the potential to affect the delicate relationships among homeowners, HOAs and lenders covering more than 500,000 properties in nearly 3,000 HOAs in Nevada.
Kolleen Kelley, president of the Nevada Association of Realtors, referred to it as “Armageddon” on the day the decision was announced. She said banks would further restrict mortgage lending if their loans couldnt be protected. Other industry observers agreed.
The case centered on an $885,000 home in Southern Highlands sold at auction for $6,000 by an HOA.
The court ruled that super priority liens held by HOAs for unpaid assessments take precedence over first trust deeds held by banks or other mortgage lenders. Further, it said HOAs don't need to go to court for permission to seize a property, which it can then sell at auction for owed assessments and fees.
Critics of the decision have it wrong, many say. Jay Bloom of Las Vegas is one such voice. He's an entrepreneur and a director of 1st One Hundred, a Nevada real estate investment firm. Bloom told VEGAS INC recently there were numerous benefits from the decision.


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Nathan Robart

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