Nevada Revised Statutes

Nev. Rev. Stat. § 106.220 (2026)

Filing and recording of instruments subordinating or waiving priority of mortgages, deeds of trust or liens; constructive notice; effect of unrecorded instruments

✓ current as of July 2026
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NRS 106.220  Filing and recording of instruments subordinating or waiving priority of mortgages, deeds of trust or liens; constructive notice; effect of unrecorded instruments.

      1.  Any instrument by which any mortgage, deed of trust or lien upon real property is subordinated or waived as to priority concerning one or more other mortgages, deeds of trust or liens upon real property must be recorded in the office of the recorder of the county in which the property is located, and from the time any of the same are so filed for record operates as constructive notice of the contents thereof to all persons. The instrument is not enforceable in connection with a foreclosure under this chapter or a trustee’s sale under chapter 107 of NRS unless and until it is recorded.

      2.  Each such filing or recording must be properly indexed by the recorder.

      [Part 1:120:1935; 1931 NCL § 2122.31]—(NRS A 1965, 925; 2011, 327, 1748; 2021, 1416; 2023, 603)

     

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 2018–2023 · leading case: Bank of Am., N.A. v. SFR Invs. Pool 1, LLC, 427 P.3d 113 (Nev. 2018).
Bank of Am., N.A. v. SFR Invs. Pool 1, LLC, 427 P.3d 113 (Nev. 2018). · cites it 4× “SFR next claims that if Bank of America's tender was valid and cured the default on the superpriority portion of the HOA lien, Bank of America's failure to record its tender or keep the tender good renders it ineffective against SFR.”
BAC Home Loans Servicing, LP v. Karmi Props. LLC, 430 P.3d 530 (Nev. 2018). “315 or NRS 106.220 required that the tender be recorded.”
Bank of Am., N.A. Vs. Sfr Inv.'s Pool 1, LLC, 2018 NV 72 (Nev. 2018). · cites it 8× “315 or NRS 106.220. 2 Issues of statutory interpretation are questions of law reviewed de novo.”
White v. 5 Arch Income Fund 2, LLC (D. Nev. 2023). · cites it 6× “” Plaintiff cites to NRS § 106.220 which relates to the “filing and 28 recording of instruments subordinating or waiving priority of mortgages or deeds of trust” and the 1 “effect of unrecorded instruments” in that context.”
Citimortgage, Inc. v. Trp Fund Vi, LLC (Nev. 2019). · cites it 5× “Respondent contends that NRS 106.220 3 and NRS 111.325 required appellant or Fannie Mae to record an assignment demonstrating Fannie Mae's interest in the deed of trust, but we disagree.”
Citimortgage, Inc. v. Trp Fund Vi, LLC (Nev. 2019). · cites it 5× “Respondent contends that NRS 106.220 3 and NRS 111.325 required appellant or Fannie Mae to record an assignment demonstrating Fannie Mae's interest in the deed of trust, but we disagree.”
Bank of Am., N.A. Vs. Sfr Inv.'s Pool 1, LLC, 2018 NV 72 (Nev. 2018). · cites it 4× “315 or NRS 106.220. 2 Issues of statutory interpretation are questions of law reviewed de novo.”
Bank of Am., N.A. Vs. Sfr Inv.'s Pool 1, LLC, 2018 NV 72 (Nev. 2018). · cites it 4× “315 or NRS 106.220. 2 Issues of statutory interpretation are questions of law reviewed de novo.”
Livelife, LLC v. Bay Point Capital Partners, LP (D. Nev. 2023). · cites it 3× “17 Considered together, these errors are especially fatal because NRS § 106.220 18 provides that “Any instrument by which any .”
Bac Home Loans Serv., Lp v. Karmi Prop.'s LLC (Nev. 2018). “315 or NRS 106.220 required that the tender be recorded.”
Sfr Inv.'s Pool 1, LLC v. Green Tree Serv., LLC (Nev. 2018). “SUPREME COURT OF NEVADA 3 It added); see also NRS 106.220(1) (1965) (providing that an assignee "may" record "[a]ny instrument by which any.”
Onewest Bank Fsb v. Holm Int'l Prop.'s, LLC (Nev. 2018). “210(1) (1965) (emphasis added); see also NRS 106.220(1) (1965) (providing that an assignee "may" record "[a]ny instrument by which any.”
— Nev. Rev. Stat. § 106.220(1) — 4 cases
Sfr Inv.'s Pool 1, LLC v. Green Tree Serv., LLC (Nev. 2018). “SUPREME COURT OF NEVADA 3 It added); see also NRS 106.220(1) (1965) (providing that an assignee "may" record "[a]ny instrument by which any.”
Onewest Bank Fsb v. Holm Int'l Prop.'s, LLC (Nev. 2018). “210(1) (1965) (emphasis added); see also NRS 106.220(1) (1965) (providing that an assignee "may" record "[a]ny instrument by which any.”
Citimortgage, Inc. v. Trp Fund Vi, LLC (Nev. 2019). “Respondent contends that NRS 106.220 3 and NRS 111.325 required appellant or Fannie Mae to record an assignment demonstrating Fannie Mae's interest in the deed of trust, but we disagree.”
Citimortgage, Inc. v. Trp Fund Vi, LLC (Nev. 2019). “Respondent contends that NRS 106.220 3 and NRS 111.325 required appellant or Fannie Mae to record an assignment demonstrating Fannie Mae's interest in the deed of trust, but we disagree.”
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