SUPER PRIORITY LIEN CHALLNEGED FOR IST CONSTITUTIONALITY IN THE UNITED STATE OF AMERICA

Abstract

This note focuses on Super Priority Lien (SPL) that allows homeowner’s association to foreclose a property over its mortgage. Twenty-two states have so far implemented the lien, hoping balancing the interest of mortgage creditors and homeowners’ association. The state of Nevada has been facing more challenges from both mortgage creditors and homeowners’ associations on its constitutionality of non-judicial foreclosure than other states. This paper summaries the cases since 2000 and discusses the three major decisions that the supreme court of Nevada made: SPL’s non-judicial constitutionality, tender extinguishing SPL, and federal creditors’ role in SPL.