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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.

In Resources Group, LLC v. Nevada Assoc. Services, Inc., Case No. 71268, 135 Nev., Adv. Op. 8 (Mar. 14, 2019), the Nevada Supreme Court held that the payment of a delinquency must be received before the foreclosure sale takes place and the party sending payment bears the burden of proving that it is received before the sale. Unfortunately, the owner of the property mailed a check for the delinquency one week before the foreclosure sale and it did not arrive until the day of the foreclosure sale. The owner was unable to prove that the check arrived before the sale was conducted; therefore, the sale was not void. The moral of the story is to make sure to obtain a receipt when curing a delinquency with a pending foreclosure sale.