Nevada Revised Statutes
Nev. Rev. Stat. § 40.475 (2026)
Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor
✓ current as of July 2026
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NRS 40.475 Remedy against mortgagor or grantor; assignment of creditor’s
rights to guarantor, surety or obligor. Upon
full satisfaction by a guarantor, surety or other obligor, other than the
mortgagor or grantor of a deed of trust, of the indebtedness secured by a
mortgage or lien upon real property, the paying guarantor, surety or other
obligor is entitled to enforce every remedy which the creditor then has against
the mortgagor or grantor of the mortgage or lien upon real property, and is
entitled to an assignment from the creditor of all of the rights which the
creditor then has by way of security for the performance of the indebtedness.
(Added to NRS by 1987, 1643)
Notes of Decisions
Cited in 3
cases, 2013–2016 · leading case: Bank of Nevada Vs. Petersen, 2016 NV 64 (Nev. 2016).
Bank of Nevada Vs. Petersen, 2016 NV 64 (Nev. 2016). “3d at 1268 (stating concern that obligees should not receive excess recovery and that guarantors have notice of the actual amount of the deficiency); but see NRS 40.475 (addressing the paying guarantor's subrogation rights).”
Bank of Nevada Vs. Petersen, 2016 NV 64 (Nev. 2016). “3d at 1268 (stating concern that obligees should not receive excess recovery and that guarantors have notice of the actual amount of the deficiency); but see NRS 40.475 (addressing the paying guarantor's subrogation rights).”
Lavi v. Dist. Ct. (Branch Banking) (Nev. 2013). “See NRS 40.475. Here, however, because the bank sued Lavi on the guaranty and thereafter foreclosed, without first reducing its claim against Lavi to judgment, the majority exonerates Lavi from his obligations on the guaranty.”
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