Nevada Supreme Court to Rule on Foreclosure Case – NMP Skip to main content

Nevada Supreme Court to Rule on Foreclosure Case

Sep 09, 2016

In what could be the stepping stone for a major change in U.S. law, the Nevada Supreme Court is hearing a case that could determine whether the non-judicial foreclosure process is unconstitutional if it is used by investors and speculators for purchasing homes at a fraction of their value by paying off liens held by homeowners associations (HOAs).

According to a Las Vegas Journal-Review report, the case before the court involves a residence acquired three years ago by Saticoy Bay LLC Series 350 Durango 104 for $6,900 in back association dues and related costs. The foreclosure sale was enacted by the HOA Angel Point Condominiums after the property’s owners fell behind on their association dues. Wells Fargo Home Mortgage loaned the owners approximately $82,000 in 1997, but the foreclosure sale effectively ended the mortgage. Saticoy went to Nevada’s Clark County District Court to assert it was the rightful owner of the property under state law, but the court ruled in Wells Fargo’s favor and declared Nevada’s foreclosure statute to be in violation of both the state and federal constitutions.

The Nevada legislature became involved in this case with a “friend of the court” brief that warned of tumult if the district court ruling was upheld. “Because the invalidated provisions have been effective for 25 years, the panel’s decision could adversely affect hundreds of HOAs and call into question thousands of foreclosures, which could cloud property titles and undermine the stability and vitality of Nevada’s real estate markets,” the legislators said it their brief.

About the author
Published
Sep 09, 2016
July CPI Eases Mortgage-Rate Risk, But Doesn’t Promise Relief

Consumer inflation rose just 0.1% in July, reducing pressure for a September Fed rate hike as mortgage rates remain near their highest levels of the year

Aug 13, 2026
The Fed Held. The Mortgage Market Got A Warning.

Three policymakers favored an immediate hike, while Warsh welcomed higher bond yields and offered no clear path toward mortgage-rate relief

Jul 30, 2026
New Study Finds UWM's 'All-In' Triggered Industrywide Pricing Spillovers

Research shows wholesale competitors responded to the 2021 Rocket ban by lowering mortgage rates,

Jul 15, 2026
First Major Housing Reform In Decades Becomes Law Without Trump's Signature

Bipartisan ROAD to Housing Act advances supply, construction, and mortgage reforms despite White House protest

Jul 10, 2026
Mortgage Star Conference Honors Women Shaping The Future Of Mortgage Leadership

MWLC honors leaders driving innovation, mentorship, and growth across the mortgage industry

Jul 09, 2026
June Jobs Report Improves Mortgage Rate Outlook

Slower hiring strengthens bonds and eases concerns over additional Fed tightening

Jul 02, 2026