Law360 (November 5, 2020, 10:47 PM EST) — The Ninth Circuit affirmed a lower court’s dismissal of Wells Fargo’s quiet title suit against a Nevada homeowners association Thursday, finding that the HOA had the right to foreclose on a home, which Wells Fargo also had a lien on, and that the bank received adequate notice of the property’s sale.
In a 17-page published opinion authored by U.S. Circuit Judge Eric D. Miller, a three-judge panel unanimously held that the bank’s constitutional rights under the takings clause, which says private property cannot be taken for public use “without just compensation,” were not violated.
Judge Miller added that the property right…
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