NRS
14.017 Notice of pendency of actions affecting real property:
Transferability of property after withdrawal or cancellation.
1. Upon the withdrawal of a notice of the
pendency of an action affecting real property, or upon the recordation of a
certified copy of a court order for the cancellation of a notice of the
pendency of such an action with the recorder of each county in which the notice
was recorded, each person who thereafter acquires an interest in the property
as a purchaser, transferee, mortgagee or other encumbrancer for a valuable
consideration, except a party to the action who is not designated by a
fictitious name at the time of the withdrawal or order of cancellation, shall
be deemed to be without knowledge of the action or of any matter, claim or
allegation contained therein, irrespective of whether the person has or at any
time had actual knowledge of the action or of any matter, claim or allegation
contained therein.
2. The purpose of this section is to
provide for the absolute and complete transferability of real property after
the withdrawal or cancellation of a notice of the pendency of an action
affecting the property.
(Added to NRS by 1987,
637; A 2023,
600)
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1995–2024 · leading case:
Coury v. Tran, 895 P.2d 650 (Nev. 1995).
Coury v. Tran, 895 P.2d 650 (Nev. 1995).
· cites it 5× “CONCLUSION Macdel’s purchase of Lot 2 from Tran for valuable consideration after appellants withdrew their first lis pendens triggered NRS 14.017, which prohibits a second lis pendens.”
West Charleston Lofts I, LLC v. R & O Constr. Co., 915 F. Supp. 2d 1191 (D. Nev. 2013).
· cites it 3× “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…”
Toromanova v. First Am. Tr. Servicing Solutions LLC (D. Nev. 2020).
· cites it 5× “To the contrary, the 12 statute contemplates that a transfer may occur and provides that a subsequent purchaser takes 13 with notice of the underlying action: 14 From the time of recording only, except as otherwise provided in NRS 14.017,[3] the pendency of the action is…”
Ditech Financal LLC v. Northgate Homeowners Ass'n (D. Nev. 2023).
“130 at 16), but “[f]rom the time of recording only, except as otherwise 15 provided in NRS 14.017, the pendency of the action is constructive notice to a purchaser 16 or encumbrancer of the property affected thereby.”
— Nev. Rev. Stat. § 14.017(1) — 2 cases
Coury v. Tran, 895 P.2d 650 (Nev. 1995).
“CONCLUSION Macdel’s purchase of Lot 2 from Tran for valuable consideration after appellants withdrew their first lis pendens triggered NRS 14.017, which prohibits a second lis pendens.”
Toromanova v. First Am. Tr. Servicing Solutions LLC (D. Nev. 2020).
“To the contrary, the 12 statute contemplates that a transfer may occur and provides that a subsequent purchaser takes 13 with notice of the underlying action: 14 From the time of recording only, except as otherwise provided in NRS 14.017,[3] the pendency of the action is…”
— Nev. Rev. Stat. § 14.017(2) — 1 case
Coury v. Tran, 895 P.2d 650 (Nev. 1995).
“CONCLUSION Macdel’s purchase of Lot 2 from Tran for valuable consideration after appellants withdrew their first lis pendens triggered NRS 14.017, which prohibits a second lis pendens.”
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