NRS
116.31168 Foreclosure of liens: Requests by interested persons for notice
of default and election to sell or notice of sale.
1. A person with an interest or any other
person who is or may be held liable for any amounts which are the subject of
the association’s lien pursuant to NRS
116.3116 or the servicer of a loan secured by a deed of trust or mortgage
on real property which is subject to such lien desiring a copy of a notice of
default and election to sell or notice of sale under the association’s lien may
record in the office of the county recorder of the county in which any part of
the real property is situated an acknowledged request for a copy of the notice
of default and election to sell or the notice of sale. The request must state:
(a) The name and address of the person requesting
copies of the notices;
(b) A legal description of the unit in which the
person has an interest or the assessor’s parcel number of that unit; and
(c) The names of the unit’s owner and the
common-interest community.
2. The association or other person
authorized to record the notice of default and election to sell shall, within
10 days after the notice is recorded and mailed pursuant to NRS 116.31162, cause to be deposited in
the United States mail an envelope, registered or certified, return receipt
requested and with postage prepaid, containing a copy of the notice, addressed
to each person who has recorded a request for a copy of the notice.
3. The association or other person
authorized to make the sale shall, at least 20 days before the date of sale,
cause to be deposited in the United States mail an envelope, registered or
certified, return receipt requested and with postage prepaid, containing a copy
of the notice of time and place of sale, addressed to each person described in
subsection 2.
4. As used in this section, “person with
an interest” means any person who has or claims any right, title or interest
in, or lien or charge upon, a unit being foreclosed pursuant to NRS 116.31162 to 116.31168, inclusive.
(Added to NRS by 1991,
570; A 1993,
2373; 2015,
1344; 2019,
1381)
Notes of Decisions
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018).
· cites it 33× “2016), resolved the question, the Ninth Circuit's interpretation of NRS 116.31168 does not stand in the way of our reaching the merits of the certified question.”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC, 444 P.3d 442 (Nev. 2019).
· cites it 6× “Bank was not entitled to notice of default because it had not requested it from the HOA and that, alternatively, Alessi & Koenig gave adequate notice, even though the notice did not reach U.”
Bank of Am., N.A. v. Falcon Point Ass'n, 347 F. Supp. 3d 592 (D. Nev. 2018).
· cites it 9× “3d at 1159 ," and concluded that " NRS 116.31168 fully incorporated both the opt-in and mandatory notice provisions of NRS 107.”
Christiana Trust v. K & P Homes, 288 F. Supp. 3d 1039 (D. Nev. 2017).
· cites it 12× “See Nev. Rev. Stat. § 116.31168 (1991) ("The association must also give reasonable notice of its intent to foreclose to all holders of liens in the unit who are known to it.”
— Nev. Rev. Stat. § 116.31168(1) — 32 cases
SFR Invs. Pool 1, LLC v. Bank of N.Y. Mellon, 422 P.3d 1248 (Nev. 2018).
“2016), resolved the question, the Ninth Circuit's interpretation of NRS 116.31168 does not stand in the way of our reaching the merits of the certified question.”
U.S. Bank, Nat'l Ass'n v. Res. Grp., LLC, 444 P.3d 442 (Nev. 2019).
“Bank was not entitled to notice of default because it had not requested it from the HOA and that, alternatively, Alessi & Koenig gave adequate notice, even though the notice did not reach U.”
Bank of Am., N.A. v. Falcon Point Ass'n, 347 F. Supp. 3d 592 (D. Nev. 2018).
“3d at 1159 ," and concluded that " NRS 116.31168 fully incorporated both the opt-in and mandatory notice provisions of NRS 107.”
Christiana Trust v. K & P Homes, 288 F. Supp. 3d 1039 (D. Nev. 2017).
“See Nev. Rev. Stat. § 116.31168 (1991) ("The association must also give reasonable notice of its intent to foreclose to all holders of liens in the unit who are known to it.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.