Hayes and Welsh can assist our clients with navigating these tough financial times. Many of our clients need advice and representation with collections and with reaching out to obtain relief on payments, receivable, contracts, landlord tenant issues, etc....
Collecting Debt Owed To Your Business
Las Vegas Nevada business law blog
Exception to super-priority of HOA Lien
In 7510 Perla Del Mar Ave Trust v. Bank of America, N.A., 136 Nev., Adv. Op. 6 (Nev. Feb. 27, 2020), the Nevada Supreme Court reaffirmed that a promise to make a payment at a later date or once a certain condition has been satisfied cannot constitute a valid...
Recent Nevada Supreme Court Decision on Notices of Default
In Rose v. Treasure Island, Case No. 71941-COA, 135 Nev. , Adv. Op. 19 (June 6, 2019), the Nevada Supreme Court held that strict compliance with the notice requirements in a lease agreement was not required where the defaulting party had actual notice of the default....
More Foreclosure Decisions from the Nevada Supreme Court
In Bank of America, N.A. v. Thomas Jessup, LLC Series VII, Case No. 73785, 135 Nev., Adv. Op. 7 (Mar. 7, 2019), the Nevada Supreme Court held that an offer to pay a superpriority amount in the future is not sufficient to constitute a tender. The Court further held...
Recent Nevada Supreme Court Foreclosure Decisions
In Wells Fargo Bank v. Radecki, Case No. 71405, 134 Nev., Adv. Op. 74 (Sept. 13, 2018), the Nevada Supreme Court held that a foreclosure sale that complied with the relevant provisions of NRS Chapter 116 was not a fraudulent transfer under NRS 112.190(1), even if the...
Dismissal Upheld After Repeated Delay Tactics by Pro Se Litigant
In Rodriguez v. Fiesta Palms, LLC, Case No. 72098, 134 Nev. Adv. Op. 78 (Oct. 4, 2018), the Nevada Supreme Court upheld a district court order denying a motion to set aside the judgment under NRCP 60(b). After repeated warnings to the pro se plaintiff by...
Nevada Legislature in session
The 80th session of the Nevada Legislature convened February 4, 2019 in Carson City, Nevada. Legislation has already been requested on many important matters impacting our clients including civil litigation, the courts and creditor rights. Legislation can...
Restoration of The Protecting Tenants at Foreclosure Act
Anyone who was involved in the post-foreclosure eviction world in the last decade will certainly recall the 2009 Protecting Tenants at Foreclosure Act ("PTFA"). That measure, part of the larger Dodd-Frank reform laws, added significant "protections" for...
Recent Nevada Supreme Court Decision on Conflict of Laws in Deficiency Actions
In Soro v. The Eighth Judicial District Court, 133 Nev., Adv. Op. 107, Case No. 72086 (Dec. 28, 2017), the Nevada Supreme Court addressed the application of the anti-deficiency statutes of other states in Nevada deficiency actions. Soro involved a...
In Nevada, Inadequacy of Price is Not Enough to Set Aside a Foreclosure Sale
In Nationstar Mortgage, LLC v. Saticoy Bay LLC Series 2227 Shadow Canyon, 133 Nev., Adv. Op. 91, Case No. 70382 (Nov. 22, 2017), the Nevada Supreme Court declined to adopt the Restatement (Third) of Property: Mortgages § 8.3 (1997) which states that a court...
