Berezovsky v. Moniz

Nevada statute giving super-priority lien to homeowners’ associations for non-payment of dues is pre-empted by federal Housing and Economic Recovery Act, so HOA liens cannot trump Freddie Mac’s secured interest.  The federal Housing and Economic Recovery Act 12 USC 4517(j)(3) provides that  “[n]o property of the [FHFA] shall be subject to levy, attachment, garnishment, foreclosure,…

Bank of New York Mellon v. Citibank

A declaratory relief claim based on equitable subrogation in a priority dispute between two home equity lines of credit is not governed by a three-year limitations period and so was wrongly dismissed.  A borrower engaged in a double refinancing of his existing HELOC, secured by a second deed of trust in favor of Citibank.  Countrywide…