639 P.2d at 530 Foreclosure sale standards and requirements for fraud17 citing casesapplying same framework
- U.S. Bank v. S. Highlands Hoa, 999 F.3d 1185 (9th Cir. 2021).publishedGolden first set forth the two-prong test for analyzing this issue: a foreclosure sale may be set aside where there is “inadequacy of price” along with “proof of some element of fraud, unfairness or oppression as accounts for and brings ab…
- United Capital Mgmt. of Kansas, Inc. v. Nelson, No. 5:22-cv-04008 (D. Kan. Jan. 18, 2023).Breach of Contract (Count XV) & Breach of the Implied Covenant of Good Faith and Fair Dealing (Count IX) 4 Under Nevada law, “[c]onstructive fraud is characterized by a breach of duty arising out of a fiduciary or confidential relationship…
- H&H Pharm., LLC v. Chattem Chemicals, Inc., No. 2:16-cv-02148 (D. Nev. Jan. 23, 2020).Constructive 1 fraud is characterized by a breach of duty arising out of a fiduciary or confidential relationship. 2 Id. at 530 (citation omitted).
- Nationstar Mortg., LLC Vs. Saticoy Bay LLC Series 2227 Shadow Canyon, 405 P.3d 641 (Nev. 2017).published (applying same framework)
- Weeping Hollow Avenue Trust v. Ashley Spencer, 831 F.3d 1110 (9th Cir. 2016).published“of fraud, unfairness or oppression”
- JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC, 200 F. Supp. 3d 1141 (D. Nev. 2016).publishedRestating longstanding Nevada law, the Court made clear that a showing of inadequate price “is not enough to set aside [an HOA foreclosure] sale; there must also be a showing of fraud, unfairness, or oppression.” Id. at 1112 (citing Long v…
- Las Vegas Dev. Grp., LLC v. Yfantis, 173 F. Supp. 3d 1046 (D. Nev. 2016).publishedId. at 1111-12 (stating “the burden of proof rests with the party seeking to quiet title in its favor”). “[Demonstrating that an association sold a property at its foreclosure sale for an inadequate price is not eno'ugh.to set aside that s…
- Shadow Wood Homeowners Vs. New York Cmty. Bancorp, 2016 NV 5 (Nev. 2016).published If true, this interpretation would call into question this court's statement in Long v. Towne, that a common-interest community association's nonjudicial foreclosure sale may be set aside, just as a power-of-sale foreclosure sale may be se…
- Davenport v. Gmac Mortg., No. 56697 (Nev. Sept. 25, 2013).unpublished“Constructive fraud is characterized by a breach of duty arising out of a fiduciary or confidential relationship”
- Sporting Club Acquisitions, Ltd. v. Fed. Deposit Ins. Corp., 70 F.3d 1282 (10th Cir. 1995).publishedSuch duties do not arise as a matter of course between buyer and seller, see Trussell v. United Underwriters, Ltd., 228 F.Supp. 757, 762 (D.Colo.1964); Long v. Towne, 639 P.2d 528, 530 (Nev.1982)(citing cases for general rule), or between…
Show 6 more citing cases
- Perry v. Jordan, 900 P.2d 335 (Nev. 1995).published In Long v. Towne, 98 Nev. 11, 13 , 639 P.2d 528, 529-30 (1982), this court stated that [constructive fraud is the breach of some legal or equitable duty which, irrespective of moral guilt, the law declares fraudulent because of its tendenc…
- Susan Labram Bart Labram v. James Havel, 43 F.3d 918 (4th Cir. 1995).publishedUnder Nevada law, a fiduciary relationship is an element of a claim for constructive fraud, Long v. Towne, 98 Nev. 11 , 639 P.2d 528, 530 (1982), as well as one for breach of a fiduciary duty.
- Victoria Giampa v. Midfirst Bank, No. 17-17438 (9th Cir. Oct. 26, 2018).unpublished(per 5 curiam)
- Green Tree Servicing LLC v. SFR Investments Pool 1, LLC, 237 F. Supp. 3d 1068 (D. Nev. 2017).published See 639 P.2d at 530 .
- Abet Just. LLC v. First Am. Tr. Servicing Solutions, LLC, 237 F. Supp. 3d 1059 (D. Nev. 2017).published See 639 P.2d at 530 .
- McKnight Fam., LLP v. Adept Mgmt. Servs., Inc., 310 P.3d 555 (Nev. 2013).published See Long v. Towne, 98 Nev. 11, 14 , 639 P.2d 528, 530 (1982) (finding no impropriety where “the lien foreclosure sale was conducted under authority of the CC&Rs and in compliance with NRS 107.080”).
98 Nev. at 13 “constructive fraud is characterized by a breach of duty arising out of a fiduciary or confidential relationship.”5 citing cases
- U.S. Bank v. S. Highlands Hoa, 999 F.3d 1185 (9th Cir. 2021).published(Mere inadequacy of price is not sufficient to justify setting aside a foreclosure sale, absent a showing of fraud, unfairness or oppression.)
- United Capital Mgmt. of Kansas, Inc. v. Nelson, No. 5:22-cv-04008 (D. Kan. Jan. 18, 2023).Breach of Contract (Count XV) & Breach of the Implied Covenant of Good Faith and Fair Dealing (Count IX) 4 Under Nevada law, “[c]onstructive fraud is characterized by a breach of duty arising out of a fiduciary or confidential relationship…
- Shadow Wood Homeowners Vs. New York Cmty. Bancorp, 2016 NV 5 (Nev. 2016).published “fraud, unfairness, or oppression”
- Davenport v. Gmac Mortg., No. 56697 (Nev. Sept. 25, 2013).unpublishedConstructive fraud "Constructive fraud is characterized by a breach of duty arising out of a fiduciary or confidential relationship." Long v. Towne, 98 Nev. 11, 13 , 639 P.2d 528, 530 (1982).
- Perry v. Jordan, 900 P.2d 335 (Nev. 1995).published In Long v. Towne, 98 Nev. 11, 13 , 639 P.2d 528, 529-30 (1982), this court stated that [constructive fraud is the breach of some legal or equitable duty which, irrespective of moral guilt, the law declares fraudulent because of its tendenc…
639 P.2d at 529 Defining elements of constructive fraud and fiduciary duty5 citing casesdiscussing the elements for a claim of constructive fraud
- Christensen, No. 3:24-cv-00371 (D. Nev. Dec. 31, 2025).A “confidential or fiduciary relationship” exists when one 10 reposes a special confidence in another so that the latter, in equity and good conscience, is bound to act in good faith and with due regard to the interests 11 of the one repos…
- Thurmond v. Wells Fargo Bank, N.A., No. 2:24-cv-00252 (D. Nev. Sept. 30, 2024).Constructive fraud is characterized by a breach of duty arising out of a fiduciary or 1 confidential relationship.” Long v. Towne, 639 P.2d 528, 529-30 (Nev. 1982) (internal citations 2 omitted).
- Exec. Mgmt., Ltd. v. Ticor Title Ins., 963 P.2d 465 (Nev. 1998).publishedIn Long v. Towne, 98 Nev. 11, 13 , 639 P.2d 528, 529-30 (1982), we explained that: “Constructive fraud is the breach of some legal or equitable duty which, irrespective of moral guilt, the law declares fraudulent because of its tendency to…
- Perry v. Jordan, 900 P.2d 335 (Nev. 1995).published In Long v. Towne, 98 Nev. 11, 13 , 639 P.2d 528, 529-30 (1982), this court stated that [constructive fraud is the breach of some legal or equitable duty which, irrespective of moral guilt, the law declares fraudulent because of its tendenc…
- Valley Health Sys., LLC v. Murray, 544 P.3d 904 (Nev. 2024).published See Long v. Towne, 98 Nev. 11, 13 , 639 P.2d 528, 529-30 (1982) (discussing the elements for a claim of constructive fraud).
Other citing cases
- Bank of N.Y. Mellon v. Christopher Cmtys. at S. Highlands Golf Club Homeowners Ass'n, 321 F. Supp. 3d 1212 (D. Nev. 2018).published
- Guild Mortg. Co. v. Prestwick Court Trust, 293 F. Supp. 3d 1228 (D. Nev. 2018).published
- Nationstar Mortage LLC v. Springs Prop. Owners Ass'n, 309 F. Supp. 3d 868 (D. Nev. 2018).published
- Bank of Am., N.A. v. Hollow De Oro Homeowners Ass'n, 307 F. Supp. 3d 1121 (D. Nev. 2018).published
- Nationstar Mortg., LLC v. Maplewood Springs Homeowners Ass'n, 238 F. Supp. 3d 1257 (D. Nev. 2017).published
- U.S. Bank NA v. Eagle Investors, No. 2:16-cv-02785 (D. Nev. July 31, 2019).
- Bank Of New York Mellon v. Royal Highlands Street & Landscape Maint. Corp., No. 2:16-cv-01993 (D. Nev. July 30, 2019).
v.
DOROTHY A. TOWNE and STEAMBOAT MOBILE HOMEOWNERS ASSOCIATION, Respondents
[*12] OPINION
Per Curiam:Appellants Helen and Ray Long purchased a lot in Steamboat Springs Estates, a mobile home park, from respondent Dorothy A. Towne. [1] When they signed the contract of sale, the Longs received a copy of the Declaration of Covenants, Conditions and Restrictions (CC&Rs). Among other things, the CC&Rs established the Steamboat Mobile Homeowners Association (the Association), respondent herein, and gave the Association authority to assess and collect fees. The Association was also gitfen authority to file a lien on a member’s property for failure to pay the assessment and to enforce the lien by a foreclosure sale. [2]
Mrs. Long repeatedly refused to pay the monthly assessment of $10.00. In January 1978, the Association filed a lien against the Longs’ property for the amount of the past due assessments. Because the assessments remained unpaid, on March 8, 1978, the Association served upon Mrs. Long a notice of default and election to sell. Four months later, on July 17, 1978, the Association served a notice of sale. The sale was conducted on August 17, 1978, and Towne purchased the property for $3,000.00. [3]
On September 15, 1978, the Longs filed this lawsuit seeking to set aside the lien foreclosure sale. The district court granted summary judgment in respondents’ favor. In this appeal, the Longs do not dispute the fact that all notices to them were properly given and that the sale was properly conducted. They contend that Mrs. Long was confused and that she thought that by paying off the deed of trust to Towne, she had also satisfied the Association’s lien.
[*13] 1. The Longs first contend that respondents Towne and the Association committed constructive fraud in holding the lien foreclosure sale. Constructive fraud is the breach of some legal or equitable duty which, irrespective of moral guilt, the law declares fraudulent because of its tendency to deceive others or to violate confidence. Sec. Nat. Bank v. Peters, Writer & Christensen, Inc., 569 P.2d 875 (Colo.App. 1977); Loucks v. McCormick, 424 P.2d 555 (Kan. 1967); Braselton v. Nicolas & Morris, 557 S.W.2d 187 (Tex.Civ.App. 1977). Constructive fraud is characterized by a breach of duty arising out of a fiduciary or confidential relationship. In re Guardianship of Chandos, 504 P.2d 524 (Ariz.App. 1972). A “confidential or fiduciary relationship” exists when one reposes a special confidence in another so that the latter, in equity and good conscience, is bound to act in good faith and with due regard to the interests of the one reposing the confidence. Paskvan v. Mesich, 455 P.2d 229 (Alaska 1969); Stevens v. Marco, 305 P.2d 669 (Cal.App. 1956); Ford v. Guarantee Abstract and Title Co., Inc., 553 P.2d 254 (Kan. 1976).
In this case, the Longs reposed no special confidence in Towne. In fact, Mrs. Long stated that she did not trust Towne. Moreover, the relationship between the Longs and Towne was no more than that of vendor-vendee. Generally, no fiduciary obligations exist between a buyer and seller of property. See Klinger v. Hummel, 464 P.2d 676 (Ariz.App. 1970); Dugan v. Jones, 615 P.2d 1239 (Utah 1980). The evidence is equally clear that the Longs reposed no confidence in the Association. Mrs. Long termed her refusal to pay the Association’s assessments an “act of rebellion.” Furthermore, neither Towne nor the Association misrepresented or concealed any material fact. The Longs cannot prevail on their constructive fraud theory.
2. In conjunction with their claim of constructive fraud, the Longs contend that the price paid at the foreclosure sale was inadequate. Mere inadequacy of price is not sufficient to justify setting aside a foreclosure sale, absent a showing of fraud, unfairness or oppression. Turner v. Dewco Services, Inc., 87 Nev. 14, 479 P.2d 462 (1971); Brunzell v. Woodbury, 85 Nev. 29, 449 P.2d 158 (1969); Golden v. Tomiyasu, 79 Nev. 503, 387 P.2d 989 (1963), cert. denied, 382 U.S. 844 (1965). The Longs have made no such showing in this case.
3. Finally, citing Slobe v. Kirby Stone, Inc., 84 Nev. 700,[*14] 447 P.2d 491 (1968); Moore v. Prindle, 80 Nev. 369, 394 P.2d 352 (1964); and Mosso v. Lee Et Al., 53 Nev. 176, 295 P. 776 (1931), the Longs contend that the sale of their lot was a forfeiture. These cases are clearly distinguishable in that each involved a contract with a forfeiture clause allowing the seller, upon default, to recover the land and retain all previously made payments. Here, the lien foreclosure sale was conducted under authority of the CC&Rs and in compliance with NRS 107.080. The Longs had acutal notice of the sale and received the excess of the sale price over the amount of the Association’s lien and costs. There simply was no forfeiture in this case. In fact, in Moore v. Prindle, supra, this court implied that a lien foreclosure sale conducted in accordance with NRS 107.080 is an equitable alternative to forfeiture. 80 Nev. at 377, 394 P.2d at 357.
Affirmed.