The Ninth Circuit sent shockwaves through the mortgage industry when it held that NRS 116 – the statute allowing an HOA to impose a nominal super-priority lien that can extinguish a senior deed of trust when foreclosed – was facially unconstitutional under the Due Process Clause in Bourne Valley Court Trust v. Wells Fargo Bank, N.A. In Bourne Valley , the Ninth Circuit held that NRS 116's notice scheme did not mandate that mortgagees receive actual notice of these HOA super-priority lien foreclosures, but instead required that mortgagees request such notice from the HOA in advance of the HOA's foreclosure sale.
