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“How the mortgage lender, which likely had no relationship with the homeowners’ association, should have known to ask is anybody’s guess.” The setup was not only “strange,” according to the Ninth Circuit, it was also unconstitutional. But that the foreclosure sale itself is a private action is irrelevant to Wells Fargo’s due process argument. Rather than complaining about the foreclosure specifically, Wells Fargo contends—and we agree—that the enactment of the statute unconstitutionally degraded its interest in the property. Absent operation of the statute, Wells Fargo would have had a fully secured interest in the property. A foreclosure by a homeowners’ association would Skiptracing apps not have extinguished Wells Fargo’s interest. But with the statute in place, Wells Fargo’s interest How to find personal information? was not secured. Instead, if a homeowners’ association foreclosed on a lien for unpaid dues, Wells Fargo would forfeit all of its rights in the property. According to the court, the Nevada “opt in” rule violated mortgage lenders’ constitutional due process rights. The attorneys at Ballard Spahr note that the investor that bought the property in question can petition for a rehearing, but state that, for now, the opinion is binding in all Nevada federal courts.

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