NRS
14.015 Notice of pendency of actions affecting real property: Hearing;
cancellation; bond.
1. After a notice of pendency of an action
has been recorded, the defendant or, if affirmative relief is claimed in the
answer, the plaintiff, may request that the court hold a hearing on the notice,
and such a hearing must be set as soon as is practicable, taking precedence
over all other civil matters except a motion for a preliminary injunction.
2. Upon 15 days’ notice, the party who
recorded the notice of pendency of the action must appear at the hearing and,
through affidavits and other evidence which the court may permit, establish to
the satisfaction of the court that:
(a) The action is for the foreclosure of a
mortgage upon the real property described in the notice or affects the title or
possession of the real property described in the notice;
(b) The action was not brought in bad faith or
for an improper motive;
(c) The party who recorded the notice will be
able to perform any conditions precedent to the relief sought in the action
insofar as it affects the title or possession of the real property; and
(d) The party who recorded the notice would be
injured by any transfer of an interest in the property before the action is
concluded.
3. In addition to the matters enumerated
in subsection 2, the party who recorded the notice must establish to the
satisfaction of the court either:
(a) That the party who recorded the notice is
likely to prevail in the action; or
(b) That the party who recorded the notice has a
fair chance of success on the merits in the action and the injury described in
paragraph (d) of subsection 2 would be sufficiently serious that the hardship
on him or her in the event of a transfer would be greater than the hardship on
the defendant resulting from the notice of pendency,
Ê and that if
the party who recorded the notice prevails he or she will be entitled to relief
affecting the title or possession of the real property.
4. The party opposing the notice of the
pendency of an action may submit counter-affidavits and other evidence which
the court permits.
5. If the court finds that the party who
recorded the notice of pendency of the action has failed to establish any of the
matters required by subsection 2, the court shall order the cancellation of the
notice of pendency and shall order the party who recorded the notice to record
with the recorder of each county in which the notice was recorded a copy of the
order of cancellation. The order must state that the cancellation has the same
effect as an expungement of the original notice.
6. If the court finds that the party who
recorded the notice of pendency of the action has established the matters
required by subsection 2, the party opposing the notice may request the court
to determine whether a bond in an amount to be determined by the court would
provide adequate security for any damages which the party who recorded the
notice might incur if the notice were so cancelled and the party opposing the
notice did not prevail in the action. If the court determines that a bond would
provide adequate security, the party opposing the notice may post a bond or
other security in the amount determined by the court. The court shall then
order the cancellation of the notice of pendency and shall order the party
opposing the notice to record with the recorder of each county in which the
notice was recorded a copy of the order of cancellation. The order must state
that the cancellation has the same effect as an expungement of the original
notice.
(Added to NRS by 1979,
982; A 1981,
1891; 1987,
638; 2023,
599)
Notes of Decisions
Weddell v. H2O, INC. (2012)
nev · cites it 4×
“Subsequently, Empire Geothermal filed a motion to cancel the notice of pendency under NRS 14.015, asserting that the underlying *100 action was for monetary damages and was not an action to foreclose on or an action affecting the title or possession of real property as mandated…”
Nga 2 Limited Liability Co. v. Rains (1997)
nev · cites it 3×
“NRS 14.015(2). Rains claims that because NGA failed to perform within the time period required by the contract, NGA cannot satisfy the conditions precedent to the relief it seeks.”
Zhang v. Eighth Judicial District Court of State of Nevada (2004)
nev
“See NRS 14.015 (enforcing a notice of lis pendens when the action affects title to real property and was brought in good faith, and when the person recording the notice can perform conditions precedent to the relief sought, will be injured by transfer before completion of the…”
Zhang v. Dist. Ct. (2004)
nev
“015 (enforcing a notice of lis pendens when the action affects title to real property and was brought in good faith, and when the person recording the notice can perform conditions precedent to the relief sought, will be injured by transfer before completion of the proceedings,…”
Mott v. Total Lending Solutions, Inc. (2024)
nvd · cites it 7×
“” Nev. Rev. Stat. § 14.015 (2) requires that the 28 1 party who recorded the notice of pendency of the action must establish five factors to the court's 2 satisfaction: (1) the action is for the foreclosure of a mortgage upon the real property described in 3 the notice or…”
Tahican, LLC v. Eighth Jud. Dist. Ct. (2024)
nev · cites it 6×
“After a lis pen- dens is recorded, the property owner may move to expunge the lis pendens pursuant to NRS 14.015. To maintain the lis pendens, the party who recorded it has the burden of establishing, among other things, that the lis pendens is proper and that the party is…”
Padgett v. Fanticola (2023)
nvd · cites it 5×
“015 requires that the 22 23 party who recorded the notice of pendency of the action must establish five factors to the 24 court’s satisfaction: (1) the action is for the foreclosure of a mortgage upon the real property 25 described in the notice or affects the title or…”
— Nev. Rev. Stat. § 14.015(1) — 1 case
Padgett v. Fanticola (2023)
nvd
“015 requires that the 22 23 party who recorded the notice of pendency of the action must establish five factors to the 24 court’s satisfaction: (1) the action is for the foreclosure of a mortgage upon the real property 25 described in the notice or affects the title or…”
— Nev. Rev. Stat. § 14.015(2) — 6 cases
Nga 2 Limited Liability Co. v. Rains (1997)
nev
“NRS 14.015(2). Rains claims that because NGA failed to perform within the time period required by the contract, NGA cannot satisfy the conditions precedent to the relief it seeks.”
Tahican, LLC v. Eighth Jud. Dist. Ct. (2024)
nev
“After a lis pen- dens is recorded, the property owner may move to expunge the lis pendens pursuant to NRS 14.015. To maintain the lis pendens, the party who recorded it has the burden of establishing, among other things, that the lis pendens is proper and that the party is…”
— Nev. Rev. Stat. § 14.015(2)(a) — 1 case
Weddell v. H2O, INC. (2012)
nev
“Subsequently, Empire Geothermal filed a motion to cancel the notice of pendency under NRS 14.015, asserting that the underlying *100 action was for monetary damages and was not an action to foreclose on or an action affecting the title or possession of real property as mandated…”
— Nev. Rev. Stat. § 14.015(2)(c) — 2 cases
Nga 2 Limited Liability Co. v. Rains (1997)
nev
“NRS 14.015(2). Rains claims that because NGA failed to perform within the time period required by the contract, NGA cannot satisfy the conditions precedent to the relief it seeks.”
— Nev. Rev. Stat. § 14.015(3) — 7 cases
Nga 2 Limited Liability Co. v. Rains (1997)
nev
“NRS 14.015(2). Rains claims that because NGA failed to perform within the time period required by the contract, NGA cannot satisfy the conditions precedent to the relief it seeks.”
— Nev. Rev. Stat. § 14.015(3)(a) — 3 cases
— Nev. Rev. Stat. § 14.015(5) — 12 cases
Tahican, LLC v. Eighth Jud. Dist. Ct. (2024)
nev
“After a lis pen- dens is recorded, the property owner may move to expunge the lis pendens pursuant to NRS 14.015. To maintain the lis pendens, the party who recorded it has the burden of establishing, among other things, that the lis pendens is proper and that the party is…”
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