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Saticoy Bay, Llc Ser. 34 Innisbrook V. Thornburg Motrg. Sec. Tr. 2007-3, 138 Nev. Adv. Op. 35 (May 26, 2022), Servando Martinez
Saticoy Bay, Llc Ser. 34 Innisbrook V. Thornburg Motrg. Sec. Tr. 2007-3, 138 Nev. Adv. Op. 35 (May 26, 2022), Servando Martinez
Nevada Supreme Court Summaries
In an opinion drafted by Justice Stiglich, the Court considered whether HOA’s have a statutory duty to record whether tender of a superpriority portion of their lien on a property was made when the Legislature amended NRS 116.31164. Saticoy Bay alleged that (1) if it had been permitted to pursue a claim, it could have produced evidence that Red Rock or Spanish Trail misrepresented that a tender had not been made and (2) that Spanish Trail had a statutory duty to proactively record BANA’s tender. The Court dismissed these arguments and found that the district court did not err by …