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Home » An HOA Foreclosure Win in NV for Fannie, Freddie Lenders
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An HOA Foreclosure Win in NV for Fannie, Freddie Lenders

September 8, 2017
There is good news for GSE lenders and servicers, as a recent court ruling found that Nevada’s super-priority lien law cannot be used to foreclose on government-owned mortgages. In Berezovsky v. Moniz, the court ruled that the Federal Foreclosure Bar, part of the Housing and Economic Recovery Act of 2008, preempted state law and banned a homeowners association from being able to eliminate a GSE’s interest and foreclose on a property. The court rejected arguments that the Federal Foreclosure Bar did not apply in the Nevada HOA context. Attorneys with Bradley Arant Boult Cummings said, “The Berezovsky decision represents a resounding win for lenders and servicers of Freddie Mac and Fannie Mae loans.”
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