Nevada Remedies; Special Actions and Proceedings

Sec. § 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 5, a dependent of a servicemember, a person shall not initiate or direct or authorize another person to initiate a foreclosure sale during any period that the servicemember is on active duty or deployment or for a period of 1 year immediately following the end of such active duty or deployment.

2.

Except as otherwise provided in subsection 3, in any civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan that is filed against a servicemember or, in accordance with subsection 5, a dependent of a servicemember, while the servicemember is on active duty or deployment or during the 1-year period immediately following the end of such active duty or deployment, the court may, on its own motion after a hearing, or shall, on a motion or on behalf of the servicemember or dependent of the servicemember, as applicable, do one or both of the following:

(a)

Stay the proceedings in the action until at least 1 year after the end of the servicemember’s active duty or deployment; or

(b)

Adjust the obligation to preserve the interests of the parties.

3.

The provisions of subsection 2 do not apply if the court determines that the ability of the servicemember or dependent of the servicemember to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the servicemember’s active duty or deployment.

4.

The provisions of this section apply only to a residential mortgage loan that was secured by a servicemember or, in accordance with subsection 5, a dependent of a servicemember, before the servicemember was called to active duty or deployment.

5.

Upon application to the court, a dependent of a servicemember is entitled to the protections provided to a servicemember pursuant to this section if the ability of the dependent to make payments required by a residential mortgage loan is materially affected by the servicemember’s active duty or deployment.

6.

Except as otherwise provided in subsection 7, any person who knowingly initiates or directs or authorizes another person to initiate a foreclosure sale in violation of this section:

(a)

Is guilty of a misdemeanor; and

(b)

May be liable for actual damages, reasonable attorney’s fees and costs incurred by the injured party.

7.

The provisions of subsection 6 do not apply to a trustee who initiates a foreclosure sale pursuant to the direction or authorization of another person.

8.

In imposing liability pursuant to paragraph (b) of subsection 6, a court shall, when determining whether to reduce such liability, take into consideration any due diligence used by the person before he or she initiated or directed or authorized another person to initiate the foreclosure sale.

9.

Notwithstanding any other provision of law, any applicable statute of limitations or period within which a servicemember is required to submit proof of service that is prescribed by state law is tolled during the period of protection provided to a servicemember or dependent of a servicemember pursuant to this section.

10.

As used in this section:

(a)

“Active duty” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. §§ 1209 and 1211.

(b)

“Borrower” has the meaning ascribed to it in NRS 107.410.

(c)

“Dependent” has the meaning ascribed to it in 50 U.S.C. § 3911.

(d)

“Deployment” means the movement or mobilization of a servicemember from his or her home station to another location for more than 90 days pursuant to military orders.

(e)

“Initiate a foreclosure sale” means to commence a civil action for a foreclosure sale pursuant to NRS 40.430 or, in the case of the exercise of a trustee’s power of sale pursuant to NRS 107.080 and 107.0805, to execute and cause to be recorded in the office of the county recorder a notice of the breach and of the election to sell or cause to be sold the property pursuant to paragraph (b) of subsection 2 of NRS 107.080 and paragraph (b) of subsection 1 of NRS 107.0805.

(f)

“Military” means the Armed Forces of the United States, a reserve component thereof or the National Guard.

(g)

“Residential mortgage loan” has the meaning ascribed to it in NRS 107.450.

(h)

“Servicemember” means a member of the military.

(i)

“Trustee” means a person described in NRS 107.028.
Source

Last accessed
Feb. 5, 2021