Nev. Rev. Stat. § 40.440

Disposition of proceeds of foreclosure sale

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NRS 40.440 Disposition of proceeds of foreclosure sale. Following a foreclosure sale, the court may cause the proceeds of the foreclosure sale to be paid to the persons entitled to it pursuant to NRS 40.462, and in the meantime may direct it to be deposited in court.

[1911 CPA § 560; RL § 5502; NCL § 9049]—(NRS A 1989, 888, 1769; 2015, 3340)

Notes of Decisions

Cited in 9 cases, 1966–1980 · leading case: Keever v. Nicholas Beers Co.

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Keever v. Nicholas Beers Co. (1980) nev · cites it 2× “430(1), the one action rule, provides, in pertinent part: [tjhere shall be but one action for the recovery of any debt, or for the enforcement of any right secured by mortgage or lien upon real estate, which action shall be in accordance with the provisions of this section and…”

Paramount Insurance, Inc. v. Rayson & Smitley (1970) nev · cites it 2× “430, at the time this action was commenced, read: "Except as provided in chapter 104 of NRS, there shall be but one action for the recovery of any debt, or for the enforcement of any right secured by mortgage or lien upon real estate, which action shall be in accordance with the…”

McMillan v. United Mortgage Co. (1966) nev · cites it 2× “430 reads: "There shall be but one action for the recovery of any debt, or for the enforcement of any right secured by mortgage or lien upon real estate, or personal property, which action shall be in accordance with the provisions of this section, and NRS 40.440 and 40.450. In…”

Manufacturers & Traders Trust Co. v. Eighth Judicial District Court of the State of Nevada (1978) nev “430, requiring one action, in accordance with the deficiency judgment provisions of NRS 40.440 to 40.459, “for the recovery of any debt, or for the enforcement of any right secured by mortgage or lien upon real estate”.”

Nevada Wholesale Lumber Co. v. Myers Realty, Inc. (1976) nev “In such action, the judgment shall be rendered for the amount found due the plaintiff, and the court shall have power, by its decree or judgment, to direct a sale of the encumbered property, or such part thereof as shall be necessary, and apply the proceeds of the sale to the…”

Nevada Land & Mortgage Co. v. Hidden Wells Ranch, Inc. (1967) nev ““There shall be but one action for the recovery of any debt, or for the enforcement of any right secured by mortgage or lien upon real estate, or personal property, which action shall be in accordance with the provisions of this section, and NRS 40.440 and 40.450. In such…”

Holloway v. Barrett (1971) nev “Except as provided in chapter 104 of NRS, there shall be but one action for the recovery of any debt, or for the enforcement of any right secured by mortgage or lien upon real estate, which action shall be in accordance with the provisions of this section, sections 3 to 7…”

McMillan v. United Mortgage Co. (1968) nev “In such action, the judgment shall be rendered for the amount *101 found due the plaintiff, and the court shall have power, by its decree or judgment, to direct a sale of the encumbered property, or such part thereof as shall be necessary, and apply the proceeds of the sale to…”

Homes v. Eighth Judicial District Court (1971) nev “” Under the latter pleading, plaintiff proceeded to attach property of petitioner that it had theretofore held under its “lis pendens.”

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