Nevada Remedies; Special Actions and Proceedings

Sec. § 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, in accordance with subsection 5, a household member or landlord of such a worker, a person shall not initiate or direct or authorize another person to initiate a foreclosure sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.

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 federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, during a shutdown or during the 90-day period immediately after the end of a shutdown, the court may, on its own motion after a hearing, or shall, on a motion or on behalf of the federal worker, tribal worker, state worker or household member or landlord of such a worker, as applicable, do one or both of the following:

(a)

Stay the proceedings in the action until at least 90 days after the end of the shutdown; 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 federal worker, tribal worker, state worker or household member or landlord of such a worker to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the shutdown.

4.

The provisions of this section apply only to a residential mortgage loan that was secured by a federal worker, tribal worker or state worker or, in accordance with subsection 5, a household member or landlord of such a worker, before the shutdown.

5.

Upon application to the court, a household member or landlord of such a worker is entitled to the protections provided to a federal worker, tribal worker or state worker pursuant to this section if the ability of the household member or landlord of such a worker to make payments required by a residential mortgage loan is materially affected by the shutdown.

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.

As used in this section:

(a)

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

(b)

“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.

(c)

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

(d)

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

Last accessed
Feb. 5, 2021