Nev. Rev. Stat. § 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

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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
Cited in 24 cases, 2013–2019 · leading case: Res. Grp., LLC v. Nev. Ass'n Servs., Inc.
Res. Grp., LLC v. Nev. Ass'n Servs., Inc. (2019) nev · 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.”
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon (2018) nev “31163, NRS 116.311635, and NRS 116.31168 in effect from 2010-2012, which apply to the underlying case.”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC (2019) nev “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.”
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A. (2013) nvd “§ 116.311635(b)(2); see also id. § 116.61162(l)(c).”
SFR INV.'S POOL 1, LLC VS. FIRST HORIZON HOME LOANS (2018) nev · 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) nev · 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) nev · 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.”
Diakonos Holdings, LLC v. Nationstar Mortg., LLC (2019) nev “Because the HOA in this case made no inquiry whatsoever, the district court declared the sale void for failure to provide the statutorily required notices.”
SFR INVESTMENTS POOL 1, LLC VS. BANK OF NEW YORK MELLON (NRAP 5) (2018) nev · cites it 2× “31163, NRS 116.311635, and NRS 116.31168 in effect from 2010-2012, which apply to the underlying case.”
SHADOW WOOD HOMEOWNERS VS. NEW YORK COMMUNITY BANCORP (2016) nev · 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.”
RESOURCES GRP., LLC VS. NEVADA ASS'N SERV.'S, INC. (2019) nev · cites it 2× “To complete a valid foreclosure sale for unpaid assessments in Nevada, a U0A must comply with the provisions set forth in NRS Chapter 116.”
SFR INV.'S POOL 1, LLC VS. FIRST HORIZON HOME LOANS (2018) nev · 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) nev “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) nev “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. (2019) nev “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) nev “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.”
RESOURCES GRP., LLC VS. NEVADA ASS'N SERV.'S, INC. (2019) nev “To complete a valid foreclosure sale for unpaid assessments in Nevada, a U0A must comply with the provisions set forth in NRS Chapter 116.”
— 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) nev “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. (2019) nev “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 COMMUNITY BANCORP (2016) nev “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) nev “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.”
RESOURCES GRP., LLC VS. NEVADA ASS'N SERV.'S, INC. (2019) nev “To complete a valid foreclosure sale for unpaid assessments in Nevada, a U0A must comply with the provisions set forth in NRS Chapter 116.”
— Nev. Rev. Stat. § 116.311635(4) — 1 case
— Nev. Rev. Stat. § 116.311635(b)(2) — 1 case
7912 Limbwood Court Trust v. Wells Fargo Bank, N.A. (2013) nvd “§ 116.311635(b)(2); see also id. § 116.61162(l)(c).”
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