STOP Nevada Non-Judicial Homeowner Foreclosures That Violate TILA Regulation Z, Federal Arbitration Act & U.S. Constitution
TILA REGULATION Z VIOLATIONS: FROM 2013-2021 STATE OF NEVADA/HOMEOWNERS ASSOCIATIONS HAVE "CONSPIRED" IN NON-JUDICIAL FORECLOSURES THAT VIOLATE FEDERAL LAW
None of this email constitutes legal advice. I am not an attorney.
I believe TILA Regulation Z prohibits homeowners association non-judicial foreclosures and forced mediation/arbitration.
Forced arbitration bars homeowners from court access (per NRS 38.310).
I believe since condo riders/mortgage riders –are incorporated as part of the mortgage – State of Nevada and its homeowners associations should be held liable per TILA Regulation Z (since the 2013 amendment).
COMPARE NEVADA’S STATUTE WITH FEDERAL LAW (TILA REGULATION Z)
NEVADA REVISED STATUTE (NRS) 38.310
NRS 38.310 Limitations on commencement of certain civil actions.
1. No civil action based upon a claim relating to:
(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or
(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property, may be commenced in any court in this State unless the action has been submitted to mediation or, if the parties agree, has been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.
2. A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.
(Added to NRS by 1995, 1417; A 1997, 526; 2007, 2278; 2013, 2296)
https://www.leg.state.nv.us/nrs/nrs-038.html
TILA REGULATION Z
(h) Prohibition on mandatory arbitration clauses and waivers of certain consumer rights —
(1) Arbitration. A contract or other agreement for a consumer credit transaction secured by a dwelling (including a home equity line of credit secured by the consumer's principal dwelling) may not include terms that require arbitration or any other non-judicial procedure to resolve any controversy or settle any claims arising out of the transaction. This prohibition does not limit a consumer and creditor or any assignee from agreeing, after a dispute or claim under the transaction arises, to settle or use arbitration or other non-judicial procedure to resolve that dispute or claim.
https://www.consumerfinance.gov/rules-policy/regulations/1026/36/#g-1
STATE OF NEVADA'S (NEVADA REVISED STATUTE 38.310) DIRECTLY VIOLATES TILA REGULATION Z (PROHIBITION OF NON-JUDICIAL FORECLOSURES, PROHIBITION OF ARBITRATION)
When homeowners cannot afford State of Nevada's NRS 38 oppressive arbitration fees for homeowner association (HOA) non-judicial foreclosures, their homes are wrongfully taken by homeowners associations (in conspiracy with State of Nevada), possibly, in violation of:
42 U.S.C. Section 1983,
5th Amendment Takings Clause (Due Process),
8th Amendment (Financially Oppressive Fees),
14th Amendment (deprived Equal Protection/Equal Access to the Courts),
First Amendment (deprived Free Speech/Right to Redress Grievances),
Tortious Interference with Mortgage Agreements / Contracts Clause,
TILA Truth in Lending Act Regulation Z,
Federal Arbitration Act,
Antritust laws (DOJ?)
Even when homeowners invoke the “exception” of imminent threat to home title to circumvent arbitration and proceed directly to court - the courts have denied such motions – and their homes have been wrongfully foreclosed.
Furthermore, the mere threat of State of Nevada’s oppressive arbitration fees (8th Amendment), “chills” homeowners’ First Amendment Free Speech, Due Process, and Equal Protection (equal access) to the courts (5th/14th Amendments).
Please see on-point case Boddie v. Connecticut, 401 U.S. 371 (1971) https://supreme.justia.com/cases/federal/us/401/371/ (state monopolization, due process deprivation by reason of inability to pay State fees).
FEDERAL ARBITRATION ACT - REQUIRES HOMEOWNER CONSENT
There is no "consent" by most homeowners to State-mandated arbitration/oppressive fees – therefore, forced arbitration is in direct contradiction with Federal Arbitration Act (and TILA Reg Z).
REPEAL NRS 38 & NON-JUDICIAL FORECLOSURES - THAT ARE IN DIRECT VIOLATION OF FEDERAL LAW (TILA REG Z)
I seek to repeal these egregiously unconstitutional State of Nevada statutes. Repealing this unconstitutional statute would be a "win-win" to give homeowners a fighting chance to defend their homes from wrongful HOA non-judicial foreclosures.
Please sign this petition to support a repeal of State of Nevada's homeowner association forced arbitration and non-judicial foreclosures.
Thank you very much for taking the time to consider this urgent and important issue!
PS - None of this email constitutes legal advice. I am not an attorney.
None of this email constitutes legal advice. I am not an attorney.
I believe TILA Regulation Z prohibits homeowners association non-judicial foreclosures and forced mediation/arbitration.
Forced arbitration bars homeowners from court access (per NRS 38.310).
I believe since condo riders/mortgage riders –are incorporated as part of the mortgage – State of Nevada and its homeowners associations should be held liable per TILA Regulation Z (since the 2013 amendment).
COMPARE NEVADA’S STATUTE WITH FEDERAL LAW (TILA REGULATION Z)
NEVADA REVISED STATUTE (NRS) 38.310
NRS 38.310 Limitations on commencement of certain civil actions.
1. No civil action based upon a claim relating to:
(a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or
(b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property, may be commenced in any court in this State unless the action has been submitted to mediation or, if the parties agree, has been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.
2. A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.
(Added to NRS by 1995, 1417; A 1997, 526; 2007, 2278; 2013, 2296)
https://www.leg.state.nv.us/nrs/nrs-038.html
TILA REGULATION Z
(h) Prohibition on mandatory arbitration clauses and waivers of certain consumer rights —
(1) Arbitration. A contract or other agreement for a consumer credit transaction secured by a dwelling (including a home equity line of credit secured by the consumer's principal dwelling) may not include terms that require arbitration or any other non-judicial procedure to resolve any controversy or settle any claims arising out of the transaction. This prohibition does not limit a consumer and creditor or any assignee from agreeing, after a dispute or claim under the transaction arises, to settle or use arbitration or other non-judicial procedure to resolve that dispute or claim.
https://www.consumerfinance.gov/rules-policy/regulations/1026/36/#g-1
STATE OF NEVADA'S (NEVADA REVISED STATUTE 38.310) DIRECTLY VIOLATES TILA REGULATION Z (PROHIBITION OF NON-JUDICIAL FORECLOSURES, PROHIBITION OF ARBITRATION)
When homeowners cannot afford State of Nevada's NRS 38 oppressive arbitration fees for homeowner association (HOA) non-judicial foreclosures, their homes are wrongfully taken by homeowners associations (in conspiracy with State of Nevada), possibly, in violation of:
42 U.S.C. Section 1983,
5th Amendment Takings Clause (Due Process),
8th Amendment (Financially Oppressive Fees),
14th Amendment (deprived Equal Protection/Equal Access to the Courts),
First Amendment (deprived Free Speech/Right to Redress Grievances),
Tortious Interference with Mortgage Agreements / Contracts Clause,
TILA Truth in Lending Act Regulation Z,
Federal Arbitration Act,
Antritust laws (DOJ?)
Even when homeowners invoke the “exception” of imminent threat to home title to circumvent arbitration and proceed directly to court - the courts have denied such motions – and their homes have been wrongfully foreclosed.
Furthermore, the mere threat of State of Nevada’s oppressive arbitration fees (8th Amendment), “chills” homeowners’ First Amendment Free Speech, Due Process, and Equal Protection (equal access) to the courts (5th/14th Amendments).
Please see on-point case Boddie v. Connecticut, 401 U.S. 371 (1971) https://supreme.justia.com/cases/federal/us/401/371/ (state monopolization, due process deprivation by reason of inability to pay State fees).
FEDERAL ARBITRATION ACT - REQUIRES HOMEOWNER CONSENT
There is no "consent" by most homeowners to State-mandated arbitration/oppressive fees – therefore, forced arbitration is in direct contradiction with Federal Arbitration Act (and TILA Reg Z).
REPEAL NRS 38 & NON-JUDICIAL FORECLOSURES - THAT ARE IN DIRECT VIOLATION OF FEDERAL LAW (TILA REG Z)
I seek to repeal these egregiously unconstitutional State of Nevada statutes. Repealing this unconstitutional statute would be a "win-win" to give homeowners a fighting chance to defend their homes from wrongful HOA non-judicial foreclosures.
Please sign this petition to support a repeal of State of Nevada's homeowner association forced arbitration and non-judicial foreclosures.
Thank you very much for taking the time to consider this urgent and important issue!
PS - None of this email constitutes legal advice. I am not an attorney.
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