NRS
107.095 Notice of default: Mailing to guarantor or surety of debt;
effect of failure to give.
1. The notice of default required by NRS 107.080 must also be sent by registered
or certified mail, return receipt requested and with postage prepaid or, if
authorized by the parties, by electronic transmission to each guarantor or
surety of the debt. If the address of the guarantor or surety is unknown, the
notice must be sent to the address of the trust property. Failure to give the
notice, except as otherwise provided in subsection 3, releases the guarantor or
surety from his or her obligation to the beneficiary, but does not affect the
validity of a sale conducted pursuant to NRS
107.080 or the obligation of any guarantor or surety to whom the notice was
properly given.
2. Failure to give the notice of default
required by NRS 107.090, except as
otherwise provided in subsection 3, releases the obligation to the beneficiary
of any person who has complied with NRS
107.090 and who is or may otherwise be held liable for the debt or other
obligation secured by the deed of trust, but such a failure does not affect the
validity of a sale conducted pursuant to NRS
107.080 or the obligation of any person to whom the notice was properly
given pursuant to this section or to NRS
107.080 or 107.090.
3. A guarantor, surety or other obligor is
not released pursuant to this section if:
(a) The required notice is given at least 15 days
before the later of:
(1) The expiration of the 15- or 35-day
period described in paragraph (a) of subsection 2 of NRS 107.080;
(2) In the case of any deed of trust which
concerns owner-occupied housing, the expiration of the period described in
paragraph (a) of subsection 1 of NRS
107.0805; or
(3) Any extension of the applicable period
by the beneficiary; or
(b) The notice is rescinded before the sale is
advertised.
(Added to NRS by 1989,
1770; A 2009,
1758; 2015,
3327; 2017,
4097, 4105,
4106;
2019,
1368)
Notes of Decisions
McDonald v. D.P. Alexander & Las Vegas Boulevard, LLC (2005)
nev · cites it 5×
“§ 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095. Thus, when a bankruptcy court…”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC (2019)
nev · cites it 2×
“3d 4 , 8-9 (2014), we upheld on an abuse-of-discretion standard a district court's determination that a lender's "substantial compliance" with NRS 107.095 (2009) (amended by 2019 Nev. Stat.”
Pawlik v. Shyang-Fenn Deng (2018)
nev · cites it 2×
“3d 4 , 8 (2014) (holding substantial compliance is appropriate under NRS 107.095 ). However, we have not applied the same analysis to notice under NRS Chapter 271, and we decline to do so now.”
Bonicamp v. Vazquez (2004)
nev
“§ 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095. (j) To collect any debt, or…”
Schleining v. Cap One, Inc. (2014)
nev · cites it 53×
“453 and NRS 107.095 in the context of a lender's claim for a deficiency judgment against a guarantor.”
Dayco Funding Corp. v. Mona, Jr. (2018)
nev · cites it 9×
“080(4)(a), and NRS 107.095 because Dayco did not send any foreclosure notices to Norman's last known address, namely the Wall Street address or the Main Street address.”
PAWLIK VS. DENG (2018)
nev · cites it 4×
“3d 4, 8 (2014) (holding substantial compliance is appropriate under NRS 107.095). However, we have not applied the same analysis to notice under NRS Chapter 271, and we decline to do so now.”
U.S. BANK NAT'L ASS'N ND VS. RESOURCES GRP., LLC (2019)
nev · cites it 4×
“3d 4, 8-9 (2014), we upheld on an abuse-of-discretion standard a district court's determination that a lender's "substantial compliance with NRS 107.095 (2009) (amended by 2019 Nev. Stat.”
PAWLIK VS. DENG (2018)
nev · cites it 2×
“3d 4 , 8 (2014) (holding substantial compliance is appropriate under NRS 107.095). However, we have not applied the same analysis to notice under NRS Chapter 271, and we decline to do so now.”
Lavi v. Eighth Jud. Dist. Ct. (2014)
nev
“At roughly the same time, BB&T recorded a notice of default and election to sell the property, notifying Lavi as required by NRS 107.095. Lavi understood that BB&T sought judgment against him for the post-foreclosure deficiency on the guaranteed note.”
Lavi v. Eighth Jud. Dist. Ct. (2014)
nev
“At roughly the same time, BB&T recorded a notice of default and election to sell the property, notifying Lavi as required by NRS 107.095. Lavi understood that BB&T sought judgment against him for the post-foreclosure deficiency on the guaranteed note.”
— Nev. Rev. Stat. § 107.095(1) — 1 case
McDonald v. D.P. Alexander & Las Vegas Boulevard, LLC (2005)
nev
“§ 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095. Thus, when a bankruptcy court…”
— Nev. Rev. Stat. § 107.095(2) — 1 case
Dayco Funding Corp. v. Mona, Jr. (2018)
nev
“080(4)(a), and NRS 107.095 because Dayco did not send any foreclosure notices to Norman's last known address, namely the Wall Street address or the Main Street address.”
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