NRS
14.010 Notice of pendency of actions affecting real property:
Recording.
1. In an action for the foreclosure of a
mortgage upon real property, or affecting the title or possession of real
property, the plaintiff, at the time of filing the complaint, and the
defendant, at the time of filing his or her answer, if affirmative relief is
claimed in the answer, shall record with the recorder of each county in which
the property, or any part thereof, is situated, a notice of the pendency of the
action, containing the names of the parties, the object of the action and a
description of the property in that county affected thereby, and the defendant
shall also in the notice state the nature and extent of the relief claimed in
the answer.
2. A notice of an action affecting real
property which is pending in any United States District Court for the District
of Nevada may be recorded and indexed in the same manner and in the same place
as provided with respect to actions pending in courts of this state.
3. From the time of recording only, except
as otherwise provided in NRS 14.017, the
pendency of the action is constructive notice to a purchaser or encumbrancer of
the property affected thereby. In case of the foreclosure of the mortgage, all
purchasers or encumbrancers, by unrecorded deed or other instrument in writing
made before the recording of the notice, and after the date of the mortgage,
shall be deemed purchasers or encumbrancers after the recording of the notice,
and subject thereto, unless NRS 14.017
is applicable or they can show that, at the time of recording the notice, the
plaintiff had actual notice of the purchase or encumbrance.
[1911 CPA § 79; RL § 5021; NCL § 8577]—(NRS A 1969,
22; 1983,
1849; 1987,
637; 2001,
1747; 2023,
598)
Notes of Decisions
Weddell v. H2O, INC. (2012)
nev · cites it 6×
“In resolving this issue, we define the scope of NRS 14.010 and conclude that parties should only file a notice of pendency when the action directly involves real property-more specifically, concerning actions for the foreclosure of a mortgage upon real property or actions…”
Nationstar Mortgage, LLC v. Maplewood Springs Homeowners Ass'n (2017)
nvd · cites it 2×
“After failing to use the legal remedies available to them to prevent the property from being sold to a third party—for example, seeking a temporary restraining order and preliminary injunction and filling a lis pendens on the property {see Nev. Rev. Stat. §§ 14.010 , 40.060)—the…”
West Charleston Lofts I, LLC v. R & O Construction Co. (2013)
nvd · cites it 4×
“[f]ile a notice of pendency of the action in the manner provided in NRS 14.010.” Section 14.010 provides: 1.In an action for the foreclosure of a mortgage upon real property, or affecting the title or possession of real property, the plaintiff, at the time of filing the…”
Coury v. Tran (1995)
nev · cites it 3×
“LEGAL DISCUSSION NRS 14.010 requires a plaintiff, at the time of filing a complaint affecting the title or possession of real property, to file a notice of the pendency of the action with the recorder of the county where the real property is situated.”
Horvath v. Gladstone (1981)
nev
“3 The Gladstones argue that they could not have given notice of the litigation to the Horvaths because NRS 14.010(1), the lis pendens statute, does not apply to this litigation.”
Blandino v. Bradshaw (In Re Bradshaw) (2004)
nvb · cites it 2×
“As such, the lis pendens was brought in bad faith, and for an improper motive, viz. to prevent Nancy’s move to South Carolina.”
Simmons Self-Storage Partners, LLC v. Rib Roof, Inc. (2011)
nev
“When a complaint seeking to foreclose on a mechanic’s lien is filed, it must include a description of the property to be charged, and the lien claimant must also file an NRS 14.010 notice of lis pendens and ensure that a notice of foreclosure is published in the local newspaper…”
Bank of Am., N.A. v. Hollow De Oro Homeowners Ass'n (2018)
nvd · cites it 2×
“After failing to use the legal remedies available to BOA to prevent the property from being sold to a third party-for example, seeking a temporary restraining order and preliminary injunction and filling a lis pendens on the property ( see Nev. Rev. Stat. §§ 14.010 , 40.060…”
Austin v. C & L TRUCKING, INC. (1985)
nvd · cites it 2×
“It is reasonable to find in the present case, that Brooks’ driving his tractor-trailer combination truck on the interstate highway with defective brakes shows such wanton disregard for the safety of others and a willingness to injure, that the requisite malice in fact for…”
— Nev. Rev. Stat. § 14.010(1) — 16 cases
Weddell v. H2O, INC. (2012)
nev
“In resolving this issue, we define the scope of NRS 14.010 and conclude that parties should only file a notice of pendency when the action directly involves real property-more specifically, concerning actions for the foreclosure of a mortgage upon real property or actions…”
Horvath v. Gladstone (1981)
nev
“3 The Gladstones argue that they could not have given notice of the litigation to the Horvaths because NRS 14.010(1), the lis pendens statute, does not apply to this litigation.”
Coury v. Tran (1995)
nev
“LEGAL DISCUSSION NRS 14.010 requires a plaintiff, at the time of filing a complaint affecting the title or possession of real property, to file a notice of the pendency of the action with the recorder of the county where the real property is situated.”
— Nev. Rev. Stat. § 14.010(2) — 4 cases
Austin v. C & L TRUCKING, INC. (1985)
nvd
“It is reasonable to find in the present case, that Brooks’ driving his tractor-trailer combination truck on the interstate highway with defective brakes shows such wanton disregard for the safety of others and a willingness to injure, that the requisite malice in fact for…”
— Nev. Rev. Stat. § 14.010(3) — 12 cases
Weddell v. H2O, INC. (2012)
nev
“In resolving this issue, we define the scope of NRS 14.010 and conclude that parties should only file a notice of pendency when the action directly involves real property-more specifically, concerning actions for the foreclosure of a mortgage upon real property or actions…”
Coury v. Tran (1995)
nev
“LEGAL DISCUSSION NRS 14.010 requires a plaintiff, at the time of filing a complaint affecting the title or possession of real property, to file a notice of the pendency of the action with the recorder of the county where the real property is situated.”
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