For the last several years, there has been a tremendous amount of litigation in Nevada arising from residential foreclosure sales conducted by homeowners’ associations (HOA). The main issue in those cases has been whether the...more
2/20/2020
/ Action to Quiet Title ,
CC&Rs ,
Contract Disputes ,
Deed of Trust ,
Foreclosure ,
Homeowners Association (HOA) ,
Lienholders ,
Mortgage Lenders ,
Mortgages ,
NV Supreme Court ,
Property Owners ,
Slander of Title ,
Super Priority
Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more
9/5/2017
/ Affirmative Defenses ,
Amended Complaints ,
Anti-Deficiency Provisions ,
Creditors ,
Final Judgment ,
Liens ,
Mortgage Lenders ,
Mortgages ,
NV Supreme Court ,
One-Action Rule ,
Public Policy ,
Secured Debt ,
Waivers
On May 29, 2013, the Nevada Supreme Court issued two decisions that all real estate lenders need to be aware of because they have the potential to eliminate the ability of a lender to recover a deficiency judgment from a...more
Schleining v. Cap One, Inc., 130 Nev. Adv. Op. 36 (May 29, 2014), arises out of a loan to purchase an undeveloped piece of property, which was guaranteed by the principal of the borrower. After the borrower defaulted, the...more
In what the dissenting Justices insinuate is an elevation of form over substance, the Nevada Supreme Court denied a rehearing in Lavi v. Eighth Judicial District Court, 130 Nev. Adv. Op. 38, 2014 WL 2428749 (May 29, 2014),...more