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Christopher Humphrey focuses his practice on real estate and corporate matters. He frequently assists developers and investors in connection with the disposition, acquisition and financing of commercial properties that range in size from small shopping centers to large mixed-use developments. Landlords and tenants rely on Christopher to prepare and negotiate commercial lease documents for conventional lease, triple-net and sale-leaseback transactions. Clients value his attention to detail but appreciate his practical approach to address the issues that matter most. He regularly evaluates, and advises clients with respect to, surveys, title commitments, zoning and environmental reports, and works with title companies, lenders and sellers to resolve outstanding title defects.

Foreclosure sign in front on modern houseThe Supreme Court of Nevada stirred a great deal of controversy in its 2014 opinion SFR Investments Pool 1, LLC v. U.S. Bank, N.A.,[1] holding that a 1991 statute granting superpriority status to certain homeowner’s association (HOA) liens[2] created a true priority lien such that its foreclosure extinguishes all other liens, including a first deed of trust on the property.[3]

Prior to the SFR Investments decision, most lenders assumed the statute merely provided for a payment priority, so that upon a lender’s foreclosure of its deed of trust, the HOA would recover a portion of its overdue assessments—they certainly did not anticipate that an HOA would have the ability to wipe out a “first position” deed of trust.  As one can imagine, the SFR Investments decision did not sit well with lenders and prompted a flurry of additional lawsuits, including a constitutional challenge claiming that the statute violates the Due Process and Takings Clauses of both the United States and Nevada Constitutions.