Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Big Win for Servicers and Lenders of Fannie and Freddie Owned Loans against Nevada HOA Foreclosures

By Marc James Ayers & R. Aaron Chastain on August 25, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

Big Win for Servicers and Lenders of Fannie and Freddie Owned Loans against Nevada HOA ForeclosuresToday, the U.S. Court of Appeals for the Ninth Circuit issued a significant decision in favor of lenders and mortgage servicers fighting off claims that their mortgage liens were extinguished by Nevada homeowners associations’ foreclosures from 2010 to 2014. In Berezovsky v. Moniz, the court held that the Federal Foreclosure Bar found in the Housing and Economic Recovery Act of 2008 preempted state law so as to bar an HOA’s foreclosure under Nevada Revised Statute 116.3116 from eliminating a security interest when a Government Sponsored Enterprise (such as Fannie Mae or Freddie Mac) owned the underlying mortgage loan. The court specifically rejected arguments that the Federal Foreclosure Bar did not apply in the Nevada HOA foreclosure context and that the Federal Housing Finance Agency (which has served as the conservator for Fannie Mae and Freddie Mac since 2008) had implicitly consented to the HOA’s foreclosures causing the elimination of the Freddie Mac security interest in question. The court also held that the fact that Freddie Mac’s ownership of the underlying mortgage loan was not apparent from the recorded chain of assignments of the deed of trust was inconsequential, as Nevada law does not require disclosure of the owner of a promissory note secured by a deed of trust.

The Berezovsky decision represents a resounding win for lenders and servicers of Freddie Mac and Fannie Mae loans. As a published decision, Berezovsky is binding precedent in federal court in the Ninth Circuit and should dictate judgments in favor of the lenders and servicers of Freddie Mac and Fannie Mae loans in all open litigation, provided that the lenders and servicers adequately prove the GSE’s ownership of the underlying mortgage loan at the time of the HOA’s foreclosure sale. Berezovsky should also serve as highly persuasive precedent on a question of federal law for the Nevada Supreme Court, as it considers the same questions about the application of the Federal Foreclosure Bar.

Photo of Marc James Ayers Marc James Ayers

Marc James Ayers represents individual, corporate and governmental clients before state and federal appellate and trial courts. Marc is listed in Best Lawyers in America in the field of Appellate Law, and has handled numerous appeals in the U.S. Courts of Appeals, the…

Marc James Ayers represents individual, corporate and governmental clients before state and federal appellate and trial courts. Marc is listed in Best Lawyers in America in the field of Appellate Law, and has handled numerous appeals in the U.S. Courts of Appeals, the Alabama Supreme Court, the Alabama Court of Civil Appeals, and other state appellate courts. He has also represented clients on petitions for certiorari and amicus curiae briefs to the U.S. Supreme Court. He is a member of Bradley Arant Boult Cummings LLP’s Appellate Litigation Group. View articles by Marc

Read more about Marc James AyersEmailMarc James's Linkedin Profile
Show more Show less
Photo of R. Aaron Chastain R. Aaron Chastain

Aaron Chastain represents financial services institutions, healthcare companies, and other businesses in a broad range of litigation and compliance-related matters. Aaron has advised student loan and mortgage loan originators and servicers in complying with the complex universe of regulation and state lien laws…

Aaron Chastain represents financial services institutions, healthcare companies, and other businesses in a broad range of litigation and compliance-related matters. Aaron has advised student loan and mortgage loan originators and servicers in complying with the complex universe of regulation and state lien laws, as well as in handling finance-related litigation, such as claims for violations of the Fair Debt Collection Practices Act (FDCPA), wrongful foreclosure, violations of the Truth in Lending Act (TILA), and violations of the Real Estate Settlement Procedures Act (RESPA). He has specific experience advising clients in the realms of student and mortgage lending, servicing, and operations.

Read more about R. Aaron ChastainEmailR. Aaron's Linkedin Profile
Show more Show less
  • Posted in:
    Other
  • Blog:
    Financial Services Perspectives
  • Organization:
    Bradley Arant Boult Cummings LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo