Nevada Revised Statutes
Nev. Rev. Stat. § 116.31163 (2026)
Foreclosure of liens: Mailing of notice of default and election to sell to certain interested persons
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NRS 116.31163 Foreclosure of liens: Mailing of notice of default and election
to sell to certain interested persons. The
association or other person conducting the sale shall also mail, within 10 days
after the notice of default and election to sell is recorded, a copy of the
notice by certified mail to:
1. Each person who has requested notice pursuant to NRS 116.31168; and
2. Each holder of a recorded security interest encumbering the unit’s owner’s interest which was recorded before the recordation of the notice of default, at the address of the holder that is provided pursuant to NRS 657.110 on the Internet website maintained by the Division of Financial Institutions of the Department of Business and Industry.
(Added to NRS by 1993, 2355; A 2005, 2609; 2015, 1339, 1541)
Notes of Decisions
Cited in 17
cases, 2013–2019 · leading case: SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018).
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018). “31168(1), governing "Foreclosure of liens: Requests by interested persons for notice of default and election to sell," stated "[t]he provisions of NRS 107.090 apply to the foreclosure of an association's lien as if a deed of trust were being foreclosed.”
Bourne Valley Court Trust v. Wells Fargo Bank, NA, 832 F.3d 1154 (9th Cir. 2016). “, Nev. Rev. Stat. § 116.31163 (2) (requiring notice of default and election to sell be mailed to “any holder of a security interest encumbering the unit’s owner’s interest who has notified the association, 30 days before the recordation of the notice of default, of the security…”
Nationstar Mortg., LLC v. Maplewood Springs Homeowners Ass'n, 238 F. Supp. 3d 1257 (D. Nev. 2017). “The facially unconstitutional provision, as identified in Bourne Valley, ex *1270 ists in NRS 116.31163(2). See id. at 1158 . At issue is the “opt-in” provision that unconstitutionally shifts the notice burden to holders of the property interest at risk.”
Las Vegas Dev. Grp., LLC v. Yfantis, 173 F. Supp. 3d 1046 (D. Nev. 2016). “§§ 116.31163(1), (2). The HOA must give the homeowner at least 90 days to pay off the lien.”
Guild Mortg. Co. v. Prestwick Court Trust, 293 F. Supp. 3d 1228 (D. Nev. 2018). “As identified in Bourne Valley , NRS 116.31163(2)'s "opt-in" provision unconstitutionally shifted the notice burden to holders of the property interest at risk-not NRS Chapter 116 in general.”
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A., 979 F. Supp. 2d 1142 (D. Nev. 2013). “§ 116.31163(2). If the unit owner has not paid the lien amount within 90 days of the notice of default being recorded, the HOA then must give notice of the sale to the owner and to the known holder of a security interest if the security interest holder “has notified the…”
Bank of Am., N.A. v. Hollow De Oro Homeowners Ass'n, 307 F. Supp. 3d 1121 (D. Nev. 2018). “3116's "opt-in" notice scheme, which required a HOA to alert a mortgage lender that it intended to foreclose only if the lender had affirmatively requested notice, facially violated mortgage lenders' constitutional due process rights.”
Nationstar Mortage LLC v. Springs Prop. Owners Ass'n, 309 F. Supp. 3d 868 (D. Nev. 2018). “3116's "opt-in" notice scheme, which required a HOA to alert a mortgage lender that it intended to foreclose only if the lender had affirmatively requested notice, facially violated mortgage lenders' constitutional due process rights.”
SFR Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 134 Nev. 483 (2018). “It recorded a foreclosure deed lAlthough the relevant provisions of NRS Chapter 116 were amended in 2015, unless otherwise indicated, this opinion addresses and refers to the versions of NRS 116.31163, NRS 116.311635, and NRS 116.”
SFR Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 134 Nev. 483 (2018). “It recorded a foreclosure deed lAlthough the relevant provisions of NRS Chapter 116 were amended in 2015, unless otherwise indicated, this opinion addresses and refers to the versions of NRS 116.31163, NRS 116.311635, and NRS 116.”
U.S. Bank, N.A. v. SFE Investments Pool 1, LLC, 124 F. Supp. 3d 1063 (D. Nev. 2015). “Second, NRS 116.31163 requires notice of a NOD by first 'class mail within 10 days of recordation of the NOD to: (1) those who have requested notice under NRS 116.”
Green Tree Servicing LLC v. SFR Investments Pool 1, LLC, 237 F. Supp. 3d 1068 (D. Nev. 2017). “The facially unconstitutional provision, as identified in Bourne Valley, exists in NRS 116.31163(2). See id. at 1158 . At issue is the “opt-in” provision that unconstitutionally shifts the notice burden to holders of the property interest at risk.”
Nev. Rev. Stat. § 116.31163(1): 5 cases
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018). “31168(1), governing "Foreclosure of liens: Requests by interested persons for notice of default and election to sell," stated "[t]he provisions of NRS 107.090 apply to the foreclosure of an association's lien as if a deed of trust were being foreclosed.”
Las Vegas Dev. Grp., LLC v. Yfantis, 173 F. Supp. 3d 1046 (D. Nev. 2016). “§§ 116.31163(1), (2). The HOA must give the homeowner at least 90 days to pay off the lien.”
SFR Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 134 Nev. 483 (2018). “It recorded a foreclosure deed lAlthough the relevant provisions of NRS Chapter 116 were amended in 2015, unless otherwise indicated, this opinion addresses and refers to the versions of NRS 116.31163, NRS 116.311635, and NRS 116.”
SFR Investments Pool 1, LLC Vs. Bank of New York Mellon (nrap 5), 134 Nev. 483 (2018). “It recorded a foreclosure deed lAlthough the relevant provisions of NRS Chapter 116 were amended in 2015, unless otherwise indicated, this opinion addresses and refers to the versions of NRS 116.31163, NRS 116.311635, and NRS 116.”
Bank of New York Mellon v. Terra Bella Owners Ass'n, No. 2:16-cv-00549 (D. Nev. Dec. 4, 2019).
Nev. Rev. Stat. § 116.31163(2): 10 cases
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018). “31168(1), governing "Foreclosure of liens: Requests by interested persons for notice of default and election to sell," stated "[t]he provisions of NRS 107.090 apply to the foreclosure of an association's lien as if a deed of trust were being foreclosed.”
Nationstar Mortg., LLC v. Maplewood Springs Homeowners Ass'n, 238 F. Supp. 3d 1257 (D. Nev. 2017). “The facially unconstitutional provision, as identified in Bourne Valley, ex *1270 ists in NRS 116.31163(2). See id. at 1158 . At issue is the “opt-in” provision that unconstitutionally shifts the notice burden to holders of the property interest at risk.”
Guild Mortg. Co. v. Prestwick Court Trust, 293 F. Supp. 3d 1228 (D. Nev. 2018). “As identified in Bourne Valley , NRS 116.31163(2)'s "opt-in" provision unconstitutionally shifted the notice burden to holders of the property interest at risk-not NRS Chapter 116 in general.”
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A., 979 F. Supp. 2d 1142 (D. Nev. 2013). “§ 116.31163(2). If the unit owner has not paid the lien amount within 90 days of the notice of default being recorded, the HOA then must give notice of the sale to the owner and to the known holder of a security interest if the security interest holder “has notified the…”
Bank of Am., N.A. v. Hollow De Oro Homeowners Ass'n, 307 F. Supp. 3d 1121 (D. Nev. 2018). “3116's "opt-in" notice scheme, which required a HOA to alert a mortgage lender that it intended to foreclose only if the lender had affirmatively requested notice, facially violated mortgage lenders' constitutional due process rights.”
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