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...
Collecting Debt Owed To Your Business
Year: 2018
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...
NRCP 68 Offers of Judgment and Claim Preclusion
On October 5, 2017, in Mendenhall v. Tassinari, Case No. 68053, the Nevada Supreme Court answered the question of whether claim preclusion bars a party from subsequently filing claims based on fraud discovered during the ten-day irrevocable period for an offer of...
Nevada Supreme Court Issues Review on October 1 Victim Autopsy Reports
The Nevada Supreme Court, in an expedited review, determined that the press does have a right to obtain autopsy reports of victims of the October 1 Las Vegas shooting. The Court held: "While we are deeply sympathetic to the decedent's family's...
REPLEVIN/CLAIM AND DELIVERY IN NEVADA
While the vast majority of customers undoubtedly enter into a purchase agreement or lease fully intending to make all the scheduled payments for the car, the equipment, or some other item of personal property, the reality is that some of those purchasers are going to...
