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Nevada Supreme Court Summaries

Series

2014

NRS 116.3116

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Summary Of Nevada Ass’N. Servs. V. Eighth Jud. Dist., 130 Nev. Adv. Op. 94, Michael Valiente Dec 2014

Summary Of Nevada Ass’N. Servs. V. Eighth Jud. Dist., 130 Nev. Adv. Op. 94, Michael Valiente

Nevada Supreme Court Summaries

The voluntary payment doctrine provides an affirmative defense to a claim for the recovery of money that a plaintiff voluntarily paid. The duress/coercion exception to the voluntary payment doctrine requires the plaintiff show no reasonable alternative to payment existed. Additionally, the defense of property exception requires the plaintiff show an imminent risk of losing the property.


Summary Of Sfr Investments Pool 1, Llc V. U.S. Bank, 120 Nev. Adv. Op. 75, Amber Lilienthal Sep 2014

Summary Of Sfr Investments Pool 1, Llc V. U.S. Bank, 120 Nev. Adv. Op. 75, Amber Lilienthal

Nevada Supreme Court Summaries

The Court determined that (1) an HOA receives a true superpriority lien on a homeowner’s property under NRS 116.3116 making an HOA lien, with limited exceptions, “prior to all other liens and encumbrances” on the property, including first deeds of trust recorded before the dues became delinquent; and (2) an HOA lien can be foreclosed on nonjudicially.