Nev. Rev. Stat. » NRS: CHAPTER 40 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PROPERTY
Nevada Revised Statutes

Nev. Rev. Stat. § 40.453 (2026)

Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception

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NRS 40.453  Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception.  Except as otherwise provided in NRS 40.495:

      1.  It is hereby declared by the Legislature to be against public policy for any document relating to the sale of real property to contain any provision whereby a mortgagor or the grantor of a deed of trust or a guarantor or surety of the indebtedness secured thereby, waives any right secured to the person by the laws of this state.

      2.  A court shall not enforce any such provision.

      (Added to NRS by 1969, 573; A 1973, 911; 1985, 371; 1987, 1643; 1993, 152)

     

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1976–2022 · leading case: Lowe Enter. Residential Partners, L.P. v. Eighth Jud. Dist. Court of the State of Nevada, 40 P.3d 405 (Nev. 2002).
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Lowe Enter. Residential Partners, L.P. v. Eighth Jud. Dist. Court of the State of Nevada, 40 P.3d 405 (Nev. 2002). · cites it 18× “1 Real parties in interest argued that the jury trial waivers contained in the various loan documents were unenforceable as a matter of law under NRS 40.453 which provides that it is against public policy for any document relating to the sale of real estate to contain any…”
Keever v. Nicholas Beers Co., 611 P.2d 1079 (Nev. 1980). · cites it 8× “430, and by the antiwaiver provision of NRS 40.453; the court rendered judgment for respondent for the unpaid balance of the note plus interest.”
Mfrs. & Traders Trust Co. v. Eighth Jud. Dist. Court of the State of Nevada, 583 P.2d 444 (Nev. 1978). · cites it 4× ““As used in NRS 40.453 to 40.459, inclusive, “indebtedness” means the principal balance of the obligation secured by a mortgage or deed of trust, together with all interest accrued and unpaid prior to the time of sale, all costs and fees of such foreclosure sale, all advances…”
Nevada Wholesale Lumber Co. v. Myers Realty, Inc., 544 P.2d 1204 (Nev. 1976). · cites it 2× “However, a trustor may waive the benefits of the statute by failing to call the court’s attention to the security on the note, even though NRS 40.453 3 precludes a mortgagor or trustor from waiving a right secured by the laws of the state in any document relating to the sale of…”
Thomas v. Valley Bank of Nev., 629 P.2d 1205 (Nev. 1981). “NRS 40.453 declares that it is against public policy for a document to contain a waiver of a right secured to a “mortgagor or trustor.”
Schleining v. Cap One, Inc., 130 Nev. 323 (2014). · cites it 56× “: In this appeal, we consider the application of NRS 40.453 and NRS 107.095 in the context of a lender's claim for a deficiency judgment against a guarantor.”
Hefetz Vs. Beavor, 397 P.3d 472 (Nev. 2017). · cites it 20× “2d 1204, 1207 (1976) (holding that a debtor may waive the one-action rule in litigation by failing to timely assert it, "even though NRS 40.453 precludes a [debtor] from waiving a right secured by the laws of the state in any document relating to the sale of real property"); see…”
Charleston Assocs., LLC v. RA Se. Land Co. (In re Charleston Assocs., LLC), 592 B.R. 709 (Bankr. D. Nev. 2018). “It maintains that under NRS 40.453, the provisions of the Settlement Agreement permitting CNB to seek damages equivalent to a deficiency is against public policy and cannot be enforced.”
Hefetz Vs. Beavor, 397 P.3d 472 (Nev. 2017). · cites it 10× “2d 1204, 1207 (1976) (holding that a debtor may waive the one-action rule in litigation by failing to timely assert it, "even though NRS 40.453 precludes a [debtor] from waiving a right secured by the laws of the state in any document relating to the sale of real property"); see…”
Badger Vs. Dist. Ct. (omni Fam. Ltd. P'ship.), 2016 NV 39 (Nev. 2016). · cites it 6× “2d at 432 (stating that every obligation secured by property through a mortgage or a deed of trust is subject to Nevada's antideficiency statutes); NRS 40.453 (providing that courts will not enforce a provision related to the sale of real property whereby a guarantor waives any…”
Snow Covered Capital, LLC v. Weidner, No. 2:19-cv-00595 (D. Nev. July 15, 2022). · cites it 6× “See NRS § 40.453. My ruling should not be interpreted to admit or preclude at the 6 hearing any particular evidence or argument that the parties discuss in their briefs, as that is not 7 presently before me.”
Bank of Nevada Vs. Petersen, 380 P.3d 854 (Nev. 2016). · cites it 2× “"); NRS 40.453 (providing that "[e]xcept as otherwise provided in NRS 40.”
Show all 18 citing cases →
Nev. Rev. Stat. § 40.453(1): 7 cases
Keever v. Nicholas Beers Co., 611 P.2d 1079 (Nev. 1980). “430, and by the antiwaiver provision of NRS 40.453; the court rendered judgment for respondent for the unpaid balance of the note plus interest.”
Mfrs. & Traders Trust Co. v. Eighth Jud. Dist. Court of the State of Nevada, 583 P.2d 444 (Nev. 1978). ““As used in NRS 40.453 to 40.459, inclusive, “indebtedness” means the principal balance of the obligation secured by a mortgage or deed of trust, together with all interest accrued and unpaid prior to the time of sale, all costs and fees of such foreclosure sale, all advances…”
Hefetz Vs. Beavor, 397 P.3d 472 (Nev. 2017). “2d 1204, 1207 (1976) (holding that a debtor may waive the one-action rule in litigation by failing to timely assert it, "even though NRS 40.453 precludes a [debtor] from waiving a right secured by the laws of the state in any document relating to the sale of real property"); see…”
Hefetz Vs. Beavor, 397 P.3d 472 (Nev. 2017). “2d 1204, 1207 (1976) (holding that a debtor may waive the one-action rule in litigation by failing to timely assert it, "even though NRS 40.453 precludes a [debtor] from waiving a right secured by the laws of the state in any document relating to the sale of real property"); see…”
Schleining v. Cap One, Inc., 130 Nev. 323 (2014). “: In this appeal, we consider the application of NRS 40.453 and NRS 107.095 in the context of a lender's claim for a deficiency judgment against a guarantor.”
Nev. Rev. Stat. § 40.453(2)(a): 2 cases
Hefetz Vs. Beavor, 397 P.3d 472 (Nev. 2017). “2d 1204, 1207 (1976) (holding that a debtor may waive the one-action rule in litigation by failing to timely assert it, "even though NRS 40.453 precludes a [debtor] from waiving a right secured by the laws of the state in any document relating to the sale of real property"); see…”
Hefetz Vs. Beavor, 397 P.3d 472 (Nev. 2017). “2d 1204, 1207 (1976) (holding that a debtor may waive the one-action rule in litigation by failing to timely assert it, "even though NRS 40.453 precludes a [debtor] from waiving a right secured by the laws of the state in any document relating to the sale of real property"); see…”
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