Nevada Revised Statutes

Nev. Rev. Stat. § 40.451 (2026)

“Indebtedness” defined

✓ current as of July 2026

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NRS 40.451 “Indebtedness” defined. As used in NRS 40.451 to 40.463, inclusive, “indebtedness” means the principal balance of the obligation secured by a mortgage or other lien on real property, together with all interest accrued and unpaid prior to the time of foreclosure sale, all costs and fees of such a sale, all advances made with respect to the property by the beneficiary, and all other amounts secured by the mortgage or other lien on the real property in favor of the person seeking the deficiency judgment. Such amount constituting a lien is limited to the amount of the consideration paid by the lienholder.

(Added to NRS by 1969, 572; A 1989, 1769)

Notes of Decisions

Cited in 24 cases (1 in the last 5 years), 1978–2021 · leading case: Sandpointe Apts., LLC v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 313 P.3d 849 (Nev. 2013).

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Sandpointe Apts., LLC v. Eighth Jud. Dist. Court of the State of Nevada ex rel. Cnty. of Clark, 313 P.3d 849 (Nev. 2013). · cites it 14× “451 NRS 40.451, which was enacted in 1969 and amended in 1989, reads: As used in NRS 40.”

Mfrs. & Traders Trust Co. v. Eighth Jud. Dist. Court of the State of Nevada, 583 P.2d 444 (Nev. 1978). · cites it 10× “: The narrow issue presented is whether guarantors of a promissory note secured by a deed of trust are entitled to the protection of NRS 40.451 to 40.459, inclusive, governing deficiency judgments, when the creditor has previously exercised its power of sale under the deed of…”

Thomas v. Valley Bank of Nev., 629 P.2d 1205 (Nev. 1981). · cites it 9× “; The issue presented on this appeal is whether the protections of the anti-deficiency legislation, NRS 40.451 et seq., apply to *321 guarantors.”

First Interstate Bank of Nevada v. Shields, 730 P.2d 429 (Nev. 1986). “FIB thereafter sought by its complaint to recover the deficiency judgment for the amount by which the total remaining indebtedness exceeded the amount bid on the realty by FIB at the trustee’s sale.”

Component Sys. Corp. v. Eighth Jud. Dist. Court, 692 P.2d 1296 (Nev. 1985). · cites it 2× “at 397 , 536 P.2d at 487 . Based on similar reasoning, the Coombs-Barengo rule has been extended to prohibit the application of the protections of Nevada’s deficiency judgment statutes, NRS 40.”

First Interstate Bank of Arizona, N.A. v. Tatum & Bell Ctr. Assocs., 821 P.2d 1384 (Ariz. Ct. App. 1991). “5 Our interpretation is also reinforced by comparison of the 1988 and 1989 amendments to section 33-814.”

Nevis v. Fid. New York, F.A., 763 P.2d 345 (Nev. 1988). “Therefore, we reverse the trial court to the extent it held Samuel, Melinda, and Saundra Nevis liable on the guaranty, and hold that Thomas Nevis lacked the authority to execute the guaranty on behalf of the other appellants.”

First Fin. Bank v. Lane, 2014 NV 96 (Nev. 2014). · cites it 33× “: This case presents the question of whether the definition of "indebtedness" found in NRS 40.451 limits, through its interaction with NRS 40.”

Murphy v. Fed. Deposit Ins. Corp., 787 P.2d 370 (Nev. 1990). “Thus, on February 18, 1987, the FDIC moved to file a first amended complaint in order to allege that its bids on parcels 1 and 3 were equal to the fair market value of those properties, and requested a fair market value hearing as required by NRS 40.”

Bank of Nevada Vs. Petersen, 2016 NV 64 (Nev. 2016). · cites it 8× “Included in the range of provisions with which the "action" must comply are NRS 40.451 through NRS 40.459. These provisions establish the procedures a lender must follow to obtain a deficiency judgment, NRS 40.”

Branch Banking & Trust Co. v. Smoke Ranch Dev., LLC, 92 F. Supp. 3d 998 (D. Nev. 2015). · cites it 2× “) BBT then brought suit in this court, asserting claims for breach of the guaranties and breach of the covenant of good faith and fair dealing, and for a deficiency judgment under Nevada Revised Statutes § 40.451 et seq. (Id. at 6-7.) I granted summary judgment on defendants’…”

Hoffmann v. Wells Fargo Bank, N.A. (Nev. 2013). · cites it 7× “In making this contention, the Hoffmanns argue that NRS 40.451 limits any deficiency judgment to the amount Wells Fargo paid for the note.”

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