NRS
107.300 Penalty for failure to deliver statement; bar to recovery of
certain damages.
1. A beneficiary who willfully fails to
deliver a statement requested pursuant to NRS
107.200 or 107.210 within 21 days
after it is requested is liable to the person who requested the statement in an
amount of $300 and any actual damages suffered by the person who requested the
statement.
2. A judgment awarded to a person who
requested a statement pursuant to NRS
107.200 or 107.210 for failure to
deliver a statement bars recovery of damages for any other failure to deliver
that statement pursuant to a demand made within 6 months before or after the
demand for which the judgment was awarded.
3. As used in this section, “willfully”
means an intentional failure to comply with the requirements of NRS 107.200 or 107.210 without just cause.
(Added to NRS by 1995,
1521)
Notes of Decisions
SFR Investments Pool 1, LLC v. Nationstar Mortg. LLC d/b/a Mr. Cooper, No. 2:22-cv-00373, 2022 WL 2068203 (D. Nev. June 8, 2022).
· cites it 9× “SFR also argues that it has alleged that not all statutorily required 17 information was provided in the statement, so Nationstar violated the statute in ways other than 18 failing to provide the note.”
SFR Investments Pool 1, LLC v. Bank Of Am., N.A., No. 2:22-cv-01864 (D. Nev. Nov. 14, 2022).
· cites it 8× “210 are codified in NRS § 107.300. NRS § 107.300 provides that “[a] beneficiary who 7 willfully fails to deliver a statement requested pursuant to NRS 107.”
POS Investements, LLC v. Citimortgage, Inc., No. 2:22-cv-02144 (D. Nev. Mar. 25, 2024).
· cites it 8× “” 28 Nev. Rev. Stat. § 107.300 (3). 1 The Court finds Plaintiff has failed to plead sufficient facts to establish Citi willfully failed 2 to comply with NRS 107.”
Valencia Mgmt. LLC Series 4 v. NewRez LLC, No. 2:22-cv-00345 (D. Nev. Oct. 14, 2022).
· cites it 4× “7 However, I grant Valencia leave to amend to assert a claim under NRS § 107.300 8|| because it is not clear that amendment would be futile.”
SFR Investments Pool 1 LLC v. Nationstar Mortg. LLC, No. 2:22-cv-00531, 2022 WL 4237993 (D. Nev. Sept. 13, 2022).
· cites it 3× “Under § 107.300(1), a deed of trust beneficiary “who willfully fails to 22 23 1 The defendants do not contest that SFR falls within the statute’s definition of a person authorized to request a statement.”
Nev. Rev. Stat. § 107.300(1): 6 cases
Valencia Mgmt. LLC Series 4 v. NewRez LLC, No. 2:22-cv-00345 (D. Nev. Oct. 14, 2022).
“7 However, I grant Valencia leave to amend to assert a claim under NRS § 107.300 8|| because it is not clear that amendment would be futile.”
Nev. Rev. Stat. § 107.300(3): 6 cases
SFR Investments Pool 1 LLC v. Nationstar Mortg. LLC, No. 2:22-cv-00531, 2022 WL 4237993 (D. Nev. Sept. 13, 2022).
“Under § 107.300(1), a deed of trust beneficiary “who willfully fails to 22 23 1 The defendants do not contest that SFR falls within the statute’s definition of a person authorized to request a statement.”
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