Title 3

NRS 40.370 Verification of complaint and answer. The complaint and answer must be verified. [1911 CPA § 658; RL § 5600; NCL § 9147]

NRS 40.380 Provisions governing appeals. Either party may, within 10 days, appeal from the judgment rendered. But an appeal by the defendant shall not stay the execution of the judgment, unless, within the 10 days, the defendant shall execute and file with the court or justice th…

NRS 40.385 Stay of execution upon appeal; duty of tenant who retains possession of premises to pay rent during stay. 1. Either party may appeal an order entered pursuant to NRS 40.253, 40.254 or 40.2542 by filing a notice of appeal within 10 judicial days after the date of entry …

NRS 40.390 Appellate court not to dismiss or quash proceedings for want of form. In all cases of appeal under NRS 40.220 to 40.420, inclusive, the appellate court shall not dismiss or quash the proceedings for want of form, provided the proceedings have been conducted substantial…

NRS 40.400 Rules of practice. The provisions of NRS, Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 4…

NRS 40.412 Housebreaking and unlawful occupancy: When owner may retake possession and change locks; notice required. 1. Except as otherwise provided in subsection 4, in addition to the remedy provided in NRS 40.290 to 40.420, inclusive, when all known unlawful or unauthorized adu…

NRS 40.414 Forcible entry or forcible detainer: When owner or occupant may recover possession; notice required; response by unlawful or unauthorized occupant; complaint for eviction; actions by court; disposal of abandoned personal property. 1. In addition to the remedy provided …

NRS 40.416 Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry; trial; issuance of writ of restitution if lockout was unjustified; appeal; failure to comply constitutes contempt. 1. If the owner of a dwelling or an auth…

NRS 40.420 Form of writ of restitution; execution. 1. The writ of restitution issued by a justice of the peace must be substantially in the following form: The State of Nevada to the sheriff or constable of the county of ................, greeting: Whereas, A.B., of the county of…

NRS 40.425 Notice of execution on writ of restitution. 1. Execution on the writ of restitution may occur only if the sheriff serves the judgment debtor with notice of the execution and a copy of the writ in the manner described in NRS 21.076. The notice must describe the types of…

NRS 40.426 Definitions. As used in NRS 40.426 to 40.495, inclusive, unless the context otherwise requires, the words and terms defined in NRS 40.427, 40.428 and 40.429 have the meanings ascribed to them in those sections. (Added to NRS by 2015, 3336; A 2017, 1115; 2019, 3181)

NRS 40.427 “Foreclosure sale” defined. “Foreclosure sale” means the sale of real property to enforce an obligation secured by a mortgage or lien on the property, including the exercise of a trustee’s power of sale pursuant to NRS 107.080. (Added to NRS by 2015, 3336)

NRS 40.428 “Mortgage or other lien” defined. “Mortgage or other lien” includes a deed of trust, but does not include a lien which arises pursuant to chapter 108 of NRS, pursuant to an assessment under chapter 116, 116B, 117, 119A or 278A of NRS or pursuant to a judgment or decree…

NRS 40.429 “Sale in lieu of a foreclosure sale” defined. “Sale in lieu of a foreclosure sale” means a sale of real property pursuant to an agreement between a person to whom an obligation secured by a mortgage or other lien on real property is owed and the debtor of that obligati…

NRS 40.430 Action for recovery of debt secured by mortgage or other lien; “action” defined. 1. Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, and except as otherwise provided in NRS 118C.220, there may be but one action for…

NRS 40.435 Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense. 1. The commencement of or participation in a judicial proceeding in violation of NRS 40.430 does not forfeit any of the rights of a secured creditor in any real or pers…

NRS 40.437 Additional requirements for action affecting owner-occupied housing: Notice; form; election or waiver of mediation; rules concerning mediation; applicability. 1. An action pursuant to NRS 40.430 affecting owner-occupied housing that is commenced in a court of competent…

NRS 40.439 Limitations on foreclosure sales involving certain members of military or dependents. 1. Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower is a servicemember or, in accordance with subsection …

NRS 40.4395 Limitations on foreclosure sales involving shutdown. 1. Notwithstanding any other provision of law and except as otherwise ordered by a court of competent jurisdiction, if a borrower provides proof that he or she is a federal worker, tribal worker or state worker or, …

NRS 40.440 Disposition of proceeds of foreclosure sale. Following a foreclosure sale, the court may cause the proceeds of the foreclosure sale to be paid to the persons entitled to it pursuant to NRS 40.462, and in the meantime may direct it to be deposited in court. [1911 CPA § …

NRS 40.450 Proceedings when debt secured falls due at different times. If the debt for which the mortgage or other lien on real property is held is not all due, as soon as a sufficient amount of the property has been sold to pay the amount due, with costs, the sale shall cease. A…

NRS 40.451 “Indebtedness” defined. As used in NRS 40.451 to 40.463, inclusive, “indebtedness” means the principal balance of the obligation secured by a mortgage or other lien on real property, together with all interest accrued and unpaid prior to the time of foreclosure sale, a…

NRS 40.453 Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception. Except as otherwise provided in NRS 40.495: 1. It is hereby declared by the Legislature to be against public policy for any document relating to the sale…

NRS 40.455 Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions. 1. Except as otherwise provided in subsection 3, upon application of the judgment creditor or the beneficiary of the deed of trust within 6 months after the date of the foreclo…

NRS 40.457 Hearing before award of deficiency judgment; appraisal of property sold. 1. Before awarding a deficiency judgment under NRS 40.455, the court shall hold a hearing and shall take evidence presented by either party concerning the fair market value of the property sold as…

NRS 40.458 Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust prohibited under certain circumstances. 1. If the judgment creditor or the beneficiary of the deed of trust who applies for a deficiency judgment is a banking or other financial institution…

NRS 40.459 Limitations on amount of money judgment. 1. After the hearing, the court shall award a money judgment against the debtor, guarantor or surety who is personally liable for the debt. 2. Except as otherwise provided in subsection 3, the court shall not render judgment for…

NRS 40.462 Distribution of proceeds of foreclosure sale. 1. Except as otherwise provided by specific statute, this section governs the distribution of the proceeds of a foreclosure sale. The provisions of NRS 40.455, 40.457 and 40.459 do not affect the right to receive those proc…

NRS 40.463 Agreement for assistance in recovering proceeds of foreclosure sale due to debtor or successor in interest; requirements for enforceable agreement; fee must be reasonable. 1. Except as otherwise provided in this section, a debtor or the debtor’s successor in interest m…

NRS 40.4636 Limitations on amount of money judgment. 1. If a person to whom an obligation secured by a junior mortgage or lien on real property is owed: (a) Files a civil action to obtain a money judgment against the debtor under that obligation after a foreclosure sale or a sale…

NRS 40.4638 Circumstances under which action to enforce obligation is prohibited. 1. A person to whom an obligation secured by a junior mortgage or lien on real property is owed may not bring any action to enforce that obligation after a foreclosure sale of the real property whic…

NRS 40.4639 Period of limitation on commencement of civil action. A civil action not barred by NRS 40.430 or 40.4638 by a person to whom an obligation secured by a junior mortgage or lien on real property is owed to obtain a money judgment against the debtor after a foreclosure s…

NRS 40.464 Duty to maintain vacant residential property acquired at foreclosure sale; notice of violation; proceedings for enforcement; civil penalties. 1. Any vacant residential property purchased or acquired by a person at a foreclosure sale must be maintained by that person in…

NRS 40.465 “Indebtedness” defined. As used in NRS 40.475, 40.485 and 40.495, “indebtedness” means the principal balance of the obligation, together with all accrued and unpaid interest, and those costs, fees, advances and other amounts secured by the mortgage or lien upon real pr…

NRS 40.475 Remedy against mortgagor or grantor; assignment of creditor’s rights to guarantor, surety or obligor. Upon full satisfaction by a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, of the indebtedness secured by a mortgage or li…

NRS 40.485 Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness. Immediately upon partial satisfaction by a guarantor, surety or other obligor, other than the mortgagor or grantor of a deed of trust, of the indebtedness secured by a mortgage or l…

NRS 40.495 Waiver of rights; separate action to enforce obligation; limitation on amount of judgment; available defenses. 1. The provisions of NRS 40.475 and 40.485 may be waived by the guarantor, surety or other obligor only after default. 2. Except as otherwise provided in subs…

NRS 40.501 Definitions. As used in NRS 40.501 to 40.512, inclusive, the words and terms defined in NRS 40.502 to 40.506, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1993, 153; A 1995, 510)

NRS 40.502 “Environmental provision” defined. “Environmental provision” means any written representation, warranty, indemnity, promise or covenant relating to the existence, location, nature, use, generation, manufacture, storage, disposal, handling, or past, present, future or t…

NRS 40.503 “Environmentally impaired” defined. Real collateral is “environmentally impaired” if the estimated costs to clean up and remedy a past, present or threatened release of any hazardous substance from, in, into or onto it exceeds 10 percent of the total indebtedness owed …

NRS 40.504 “Hazardous substance” defined. “Hazardous substance” means: 1. An element, compound, mixture, solution, material or substance whose use, possession, transportation, storage, release, discharge or disposal is regulated pursuant to chapter 444, 445A, 445B, 445C, 459, 477…

NRS 40.505 “Release” defined. “Release” means a spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting, escaping, leaching, dumping or disposing of a hazardous substance into the environment, including continuing migration into or through the soil, surface…

NRS 40.506 “Secured lender” defined. “Secured lender” means the holder of an obligation secured by a mortgage. (Added to NRS by 1993, 154; A 1995, 510)

NRS 40.507 Right of entry and inspection of real collateral. 1. A secured lender may enter and inspect real collateral for the purpose of determining the existence, location, nature and magnitude of any past, present or threatened release or presence of a hazardous substance from…

NRS 40.508 Action by secured lender concerning environmental provision. A secured lender may bring a separate action for a breach of an environmental provision, to recover damages for the breach or for the enforcement of an environmental provision. (Added to NRS by 1993, 154; A 1…

NRS 40.509 Limitation on amount of damages recoverable in action concerning environmental provision; recovery of interest. 1. Unless the environmental provision expressly permits a different or greater recovery or subsection 2 permits the addition of interest, the damages recover…