Law Office of Hayes & Welsh

April 2020 Archives

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. Id. at *5 - 6. Although the Court did not decide whether Nevada is a strict compliance state (majority), or a substantial compliance state (minority), it seemed to indicate that it would follow the majority approach and require strict compliance if there was no actual notice involved. Id. at *5. The Court further held that the subtenant was not a necessary party under NRCP 19. Id. at *16.

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 that a formal tender is excused when the party entitled to payment represents that if a tender is made, it will be rejected.

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Law Office of Hayes & Welsh

Law Office of Hayes & Welsh
199 North Arroyo Grande Blvd
Suite 200
Henderson, NV 89074

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