Add to ORKGIf a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the Home Owners Association (HOA) as a creditor, the HOA cannot violate the automatic stay imposed by the bankruptcy and sell the property. If the property is sold in violation of the automatic stay, the sale is invalid. Under Ninth Circuit law, the sale is void ab initio while the Fifth Circuit holds that these types of sales are voidable, but can be approved by the bankruptcy court
The Court determined that becausethe holder of the first deed of trust provided valid tender of the ...
(Excerpt) Section 363(f) of title 11 of the United States Code (the “Bankruptcy Code”) allows a trus...
The United States Supreme Court held that when a debtor incurs a debt for punitive damages awarded a...
If a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the H...
The Court found that a foreclosure sale is not invalid due to lack of notice where: (1) a homeowners...
When a court grants retroactive annulment for an automatic bankruptcy stay on a property, a sale of ...
The Court held that (1) under Nevada\u27s HOA foreclosure redemption statute NRS 116.31166(3) a home...
The appellants, husband and wife, executed a promissory note to the appellee-bank. Thereafter, they ...
The Court determined that, under provisions of NRS 116.31162, when an HOA records a notice of a fore...
The Court determined that: (1) under NRS 116.3116 (The HOA Lien Statute), an HOA’s assertion and sub...
The Court considers whether the time limitations of NRS 107.080(5)-(6) bars an action challenging an...
The Court considered an appeal from a district court order granting summary judgment. In its holdin...
Nevada Revised Statutes (NRS) Chapter 116 codifies the Uniform Common-Interest Ownership Act and out...
The Court determined that (1) previous case law and the NRS require an HOA that is seeking to forecl...
In theory, the substantive rights of secured creditors such as mortgagees are affected much less by ...
The Court determined that becausethe holder of the first deed of trust provided valid tender of the ...
(Excerpt) Section 363(f) of title 11 of the United States Code (the “Bankruptcy Code”) allows a trus...
The United States Supreme Court held that when a debtor incurs a debt for punitive damages awarded a...
If a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the H...
The Court found that a foreclosure sale is not invalid due to lack of notice where: (1) a homeowners...
When a court grants retroactive annulment for an automatic bankruptcy stay on a property, a sale of ...
The Court held that (1) under Nevada\u27s HOA foreclosure redemption statute NRS 116.31166(3) a home...
The appellants, husband and wife, executed a promissory note to the appellee-bank. Thereafter, they ...
The Court determined that, under provisions of NRS 116.31162, when an HOA records a notice of a fore...
The Court determined that: (1) under NRS 116.3116 (The HOA Lien Statute), an HOA’s assertion and sub...
The Court considers whether the time limitations of NRS 107.080(5)-(6) bars an action challenging an...
The Court considered an appeal from a district court order granting summary judgment. In its holdin...
Nevada Revised Statutes (NRS) Chapter 116 codifies the Uniform Common-Interest Ownership Act and out...
The Court determined that (1) previous case law and the NRS require an HOA that is seeking to forecl...
In theory, the substantive rights of secured creditors such as mortgagees are affected much less by ...
The Court determined that becausethe holder of the first deed of trust provided valid tender of the ...
(Excerpt) Section 363(f) of title 11 of the United States Code (the “Bankruptcy Code”) allows a trus...
The United States Supreme Court held that when a debtor incurs a debt for punitive damages awarded a...