This is a very technical, evolving area of law. If the HOA was established before the mortgage was recorded, the HOA's lien takes precedence over the mortgage up to 9 months worth of delinquent HOA payments. The State of Nevada has taken the position that costs of collection by the HOA (attorney's fees, costs of foreclosure, interest, late fees, etc.) are not included in the lien. Many HOA's take the opposite position. The issue is before the Nevada Supreme Court right now, and we are waiting or a decision. You can establish that the mortgage was foreclosed (wiped out) only through filing a lawsuit called a quiet title action in Nevada court. You won't be able to get title insurance without a court order in your favor. But, it is possible to prevail in court if the foreclosure was handled properly. I am handling a quiet title action right now, and there are a few lawyers in Las Vegas who know what to do in this situation.
Answered on Feb 06th, 2013 at 3:12 AM