NRS
116.311635 Foreclosure of liens: Providing notice of time and place of
sale; service of notice of sale; contents of notice of sale; proof of service.
1. The association or other person
conducting the sale shall also, after the expiration of the 90-day period
described in paragraph (c) of subsection 1 of NRS 116.31162 and before selling the
unit, give notice of the time and place of the sale by recording the notice of sale
and by:
(a) Posting a similar notice particularly
describing the unit, for 20 days consecutively, in a public place in the county
where the unit is situated;
(b) Publishing a copy of the notice three times,
once each week for 3 consecutive weeks, in a newspaper of general circulation
in the county where the unit is situated;
(c) Notifying the unit’s owner or his or her
successor in interest as follows:
(1) A copy of the notice of sale must be
mailed, on or before the date of first publication or posting, by certified or
registered mail, return receipt requested, to the unit’s owner or his or her
successor in interest at his or her address, if known, and to the address of
the unit; and
(2) A copy of the notice of sale must be
served, on or before the date of first publication or posting, in the manner
set forth in subsection 2; and
(d) Mailing, on or before the date of first
publication or posting, a copy of the notice by certified mail to:
(1) Each person entitled to receive a copy
of the notice of default and election to sell notice under subsection 1 of NRS 116.31163;
(2) The holder of a security interest
recorded before the mailing of the notice of sale, 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; and
(3) The Ombudsman.
2. In addition to the requirements set
forth in subsection 1, a copy of the notice of sale must be served:
(a) By a person who is 18 years of age or older
and who is not a party to or interested in the sale by personally delivering a
copy of the notice of sale to an occupant of the unit who is of suitable age;
or
(b) By posting a copy of the notice of sale in a
conspicuous place on the unit.
3. Any copy of the notice of sale required
to be served pursuant to this section must include:
(a) The amount necessary to satisfy the lien as
of the date of the proposed sale; and
(b) The following warning in 14-point bold type:
WARNING! A SALE OF YOUR PROPERTY IS
IMMINENT! UNLESS YOU PAY THE AMOUNT SPECIFIED IN THIS NOTICE BEFORE THE SALE
DATE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE. YOU MUST ACT
BEFORE THE SALE DATE. IF YOU HAVE ANY QUESTIONS, PLEASE CALL (name and
telephone number of the contact person for the association). IF YOU NEED
ASSISTANCE, PLEASE CALL THE FORECLOSURE SECTION OF THE OMBUDSMAN’S OFFICE,
NEVADA REAL ESTATE DIVISION, AT (toll-free telephone number designated by the
Division) IMMEDIATELY.
4. Proof of service of any copy of the
notice of sale required to be served pursuant to this section must consist of:
(a) A certificate of mailing which evidences that
the notice was mailed through the United States Postal Service; or
(b) An affidavit of service signed by the person
who served the notice stating:
(1) The time of service, manner of service
and location of service; and
(2) The name of the person served or, if
the notice was not served on a person, a description of the location where the
notice was posted on the unit.
(Added to NRS by 1993,
2355; A 2003,
2245; 2005,
2609; 2013,
3790; 2015,
1339)
Notes of Decisions
Res. Grp., LLC v. Nev. Ass'n Servs., Inc., 437 P.3d 154 (Nev. 2019).
· cites it 2× “To complete a valid foreclosure sale for unpaid assessments in Nevada, a UOA must comply with the provisions set forth in NRS Chapter 116.”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC, 444 P.3d 442 (Nev. 2019).
“31162(1)(c) ; NRS 116.311635. In SFR 3 , this court considered a certified question from Nevada's federal district court asking whether these statutory protections extend to a first deed of trust holder who fails to request notices of default and of sale from the HOA.”
Sfr Inv.'s Pool 1, LLC Vs. First Horizon Home Loans, 2018 NV 4 (Nev. 2018).
· cites it 4× “31162 and NRS 116.311635. Furthermore, the district court found that Silver Springs failed to comply with its own CC&Rs, which required the 1 5F11 filed additional claims not relevant to this opinion.”
Nationstar Mortg., LLC Vs. Saticoy Bay LLC Series 2227 Shadow Canyon, 2017 NV 91 (Nev. 2017).
· cites it 4× “31162(5) prohibits an HOA from foreclosing on a lien comprised of fines; (2) the notice of sale listed the unpaid lien amount as of the day the notice of sale was generated even though NRS 116.311635(3)(a) requires the notice of sale to list what the unpaid lien amount will be…”
Resources Grp., LLC Vs. Nevada Ass'n Serv.'s, Inc., 2019 NV 8 (Nev. 2019).
· cites it 4× “31162(1)(b), and a notice of foreclosure sale, NRS 116.311635(1)(a). 4 Moreover, a foreclosure sale is complete and title vests in the purchaser once payment has been made by the highest bidder.”
Shadow Wood Homeowners Vs. New York Cmty. Bancorp, 2016 NV 5 (Nev. 2016).
· cites it 2× “The NOS included a warning as required by NRS 116.311635(3)(b): WARNING! A SALE OF YOUR PROPERTY IS IMMINENT! UNLESS YOU PAY THE AMOUNT SPECIFIED IN THIS NOTICE BEFORE THE SALE DATE, YOU COULD LOSE YOUR HOME, 6 NYCB does not argue that it invoked NRS 116.”
Sfr Inv.'s Pool 1, LLC Vs. First Horizon Home Loans, 2018 NV 4 (Nev. 2018).
· cites it 2× “31162 and NRS 116.311635. Furthermore, the district court found that Silver Springs failed to comply with its own CC&Rs, which required the 1 5F11 filed additional claims not relevant to this opinion.”
— Nev. Rev. Stat. § 116.311635(1) — 5 cases
Sfr Inv.'s Pool 1, LLC Vs. First Horizon Home Loans, 2018 NV 4 (Nev. 2018).
“31162 and NRS 116.311635. Furthermore, the district court found that Silver Springs failed to comply with its own CC&Rs, which required the 1 5F11 filed additional claims not relevant to this opinion.”
Sfr Inv.'s Pool 1, LLC Vs. First Horizon Home Loans, 2018 NV 4 (Nev. 2018).
“31162 and NRS 116.311635. Furthermore, the district court found that Silver Springs failed to comply with its own CC&Rs, which required the 1 5F11 filed additional claims not relevant to this opinion.”
— Nev. Rev. Stat. § 116.311635(1)(a) — 3 cases
Res. Grp., LLC v. Nev. Ass'n Servs., Inc., 437 P.3d 154 (Nev. 2019).
“To complete a valid foreclosure sale for unpaid assessments in Nevada, a UOA must comply with the provisions set forth in NRS Chapter 116.”
Resources Grp., LLC Vs. Nevada Ass'n Serv.'s, Inc., 2019 NV 8 (Nev. 2019).
“31162(1)(b), and a notice of foreclosure sale, NRS 116.311635(1)(a). 4 Moreover, a foreclosure sale is complete and title vests in the purchaser once payment has been made by the highest bidder.”
— Nev. Rev. Stat. § 116.311635(1)(b)(2) — 1 case
— Nev. Rev. Stat. § 116.311635(3)(a) — 2 cases
Nationstar Mortg., LLC Vs. Saticoy Bay LLC Series 2227 Shadow Canyon, 2017 NV 91 (Nev. 2017).
“31162(5) prohibits an HOA from foreclosing on a lien comprised of fines; (2) the notice of sale listed the unpaid lien amount as of the day the notice of sale was generated even though NRS 116.311635(3)(a) requires the notice of sale to list what the unpaid lien amount will be…”
— Nev. Rev. Stat. § 116.311635(3)(b) — 5 cases
Res. Grp., LLC v. Nev. Ass'n Servs., Inc., 437 P.3d 154 (Nev. 2019).
“To complete a valid foreclosure sale for unpaid assessments in Nevada, a UOA must comply with the provisions set forth in NRS Chapter 116.”
Shadow Wood Homeowners Vs. New York Cmty. Bancorp, 2016 NV 5 (Nev. 2016).
“The NOS included a warning as required by NRS 116.311635(3)(b): WARNING! A SALE OF YOUR PROPERTY IS IMMINENT! UNLESS YOU PAY THE AMOUNT SPECIFIED IN THIS NOTICE BEFORE THE SALE DATE, YOU COULD LOSE YOUR HOME, 6 NYCB does not argue that it invoked NRS 116.”
Resources Grp., LLC Vs. Nevada Ass'n Serv.'s, Inc., 2019 NV 8 (Nev. 2019).
“31162(1)(b), and a notice of foreclosure sale, NRS 116.311635(1)(a). 4 Moreover, a foreclosure sale is complete and title vests in the purchaser once payment has been made by the highest bidder.”
— Nev. Rev. Stat. § 116.311635(4) — 1 case
— Nev. Rev. Stat. § 116.311635(b)(2) — 1 case
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