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...
Collecting Debt Owed To Your Business
Foreclosure
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...
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...
