Law Commons^™

Tahican, Llc V. Eighth Jud. Dist. Ct., 139 Nev. Adv. Op. 2 (Feb. 2, 2023), Josette Vanderlaan

Nevada Supreme Court Summaries

Under NRS 14.010(1), a party may record a lis pendens “[i]n an action . . . affecting the title or possession of real property.” A claim of fraudulent transfer of real property seeking avoidance of the transfer supports a lis pendens because the relief sought affects the title or possession of the real property. The recording party does not need to be entitled to title or possession of the property to support a lis pendens.

Saticoy Bay, Llc Ser. 34 Innisbrook V. Thornburg Motrg. Sec. Tr. 2007-3, 138 Nev. Adv. Op. 35 (May 26, 2022), Servando Martinez

Nevada Supreme Court Summaries

In an opinion drafted by Justice Stiglich, the Court considered whether HOA’s have a statutory duty to record whether tender of a superpriority portion of their lien on a property was made when the Legislature amended NRS 116.31164. Saticoy Bay alleged that (1) if it had been permitted to pursue a claim, it could have produced evidence that Red Rock or Spanish Trail misrepresented that a tender had not been made and (2) that Spanish Trail had a statutory duty to proactively record BANA’s tender. The Court dismissed these arguments and found that the district court did not err by …

In Re: Colman Family Revocable Living Trust, 136 Nev. Adv. Op. 13 (Apr. 2, 2020), Petya Pucci

Nevada Supreme Court Summaries

A second beneficiary is entitled to a property in a trust created by decedent and her former spouse, under NRS 111.781, when (1) the property remained decedent’s separate property throughout the marriage; (2) the spouses have divorced; and (3) there is no evidence that the former spouse had contributed to the purchase of the property or its improvement.

Cranesbill Tr. V. Wells Fargo Bank, 136 Nev. Adv. Op. 8 (March 5, 2020), Brittney Lehtinen

Nevada Supreme Court Summaries

The Court determined that homeowners may cure defaults as to superpriority portions of HOA liens much like first deed of trust holders; however, failure to explicitly or implicitly direct allocation of payments by either debtors or creditors requires court intervention to decide what is “just and equitable.”

Berberich V. Bank Of America, 136 Nev. Ad. Op (Mar. 26, 2020), Amelia Mallette

Nevada Supreme Court Summaries

The Supreme Court of Nevada considered whether a quiet title action from a foreclosure sale was barred by NRS 11.080 because Berberich was in possession of the property for five years before commencing the action. The Court held that the limitations period outlined in NRS 11.080 will not run against an owner who is in undisputed possession of the land.

Benko V. Quality Loan Serv. Corp. 135 Nev. Adv. Op. 64 (Dec. 26, 2019), Elizabeth Davenport

Nevada Supreme Court Summaries

The Court affirmed the district court’s order granting the motion to dismiss and determined that deed of trust trustees engaged in nonjudicial foreclosure would not be required to be licensed. The Court settled the conflicting provisions of NRS 107 governing the nonjudicial foreclosure process and NRS 649 governing agencies engaged in debt collection in Nevada by determining the comprehensive and specific scheme of NRS 107 for deed of trust trustees exercised authority over the generalized nature of NRS 649 governing debt collecting agency licensing requirements for nonjudicial foreclosures.Therefore, under NRS 107 deed of trust trustees are not required to be …

Vegas United Inv. Series 105 V. Celtic Bank, 135 Nev. Adv. Op. 61 (December 19, 2019), Jordan Gregory Cloward

Nevada Supreme Court Summaries

Nevada Revised Statutes (NRS) Chapter 116 codifies the Uniform Common-Interest Ownership Act and outlines statutory regulations governing common-interest communities in Nevada. NRS Chapter 116 applies generally to all residential property owners’ associations (POAs) but does not automatically apply to nonresidential POAs. Nonresidential POAs may voluntarily elect to incorporate NRS Chapter 116 either in whole or in part. NRS Chapter 116 applies only to nonresidential POAs only to the extent expressly provided for by the incorporated statutory provisions.

Vegas United Investment Series 105, Inc. purchased a nonresidential property at a foreclosure sale pursuant to NRS § 116.3116. The conditions, covenants, and …

Chandra V. Schulte, 135 Nev. Adv. Op. 66 (December 26, 2019), Michael Desmond

Nevada Supreme Court Summaries

The Court determined that (1) the spousal exception bars recovery from the Nevada Real Estate Education, Research and Recovery Fund (“Fund”) for fraud incurred during the period of the marriage and (2) where a spouse co-owned the defrauded property, the surviving spouse may not recover from the Fund.

Artemis Exploration Company V. Ruby Lake Estates Homeowner’S Association, 135 Nev. Adv. Op. 48, Austin Wood

Nevada Supreme Court Summaries

The Court determined that (1) implied payment obligations for common elements, contained in the property declaration, can provide adequate notice and create a common-interest community; and (2) NRS 116.3101(1) does not apply to common-interest communities formed before 1992, therefore the unit-owners’ association does not need to be organized before or at the time the first unit is conveyed.

Resources Group, Llc V. Nevada Association Services, Inc., 135 Nev. Adv. Op. 8 (Mar. 14, 2019), Alfa Alemayehu

Nevada Supreme Court Summaries

The Court determined that each party in a quiet title action has the burden of demonstrating superior title. Further, once a bid is accepted and payment is made, the foreclosure sale is complete and title vests in the purchaser, and the person conducting the sale does not have discretion to refuse issuing the foreclosure deed. Lastly, the correct standard for determining whether to set aside a sale on equitable grounds is whether there has been some showing of fraud, unfairness, or oppression affecting the sale.

Daisy Trust V. Wells Fargo Bank, N.A., 135 Nev. Adv. Op.30 (Jul. 25, 2019), Julia Armendariz

Nevada Supreme Court Summaries

The Court determined that (1) NRS § 106.210 and NRS § 111.325 do not require a beneficiary to be identified on the publicly recorded deed of trust to establish ownership interest in the subject loan and (2) a loan service agreement or an original promissory note is not required to by the loan servicer to assert the Federal Foreclosure Bar on another’s behalf so long as properly authenticated business records can establish the ownership interest and (3) The Federal Foreclosure Bar preempts NRS § 116.3116(2) and prevents an HOA foreclosure sale from extinguishing the first deed of trust.

Saticoy Bay Llc V. Nev. Ass’N Servs., 135 Nev. Adv. Op. 23 (Jul. 3, 2019), Katrina Fadda

Nevada Supreme Court Summaries

The Court held that (1) under Nevada's HOA foreclosure redemption statute NRS 116.31166(3) a homeowner may use proceeds from the foreclosure sale to go towards redemption of the property; and (2) that sufficient compliance with the statute is enough to satisfy the statute's requirements.

Sfr Inv.’S Pool 1, Llc V. U.S. Bank Nat’L Ass’N, 135 Nev. Adv. Op. 45 (Sept. 26, 2019), Brittni Tanenbaum

Nevada Supreme Court Summaries

When a court grants retroactive annulment for an automatic bankruptcy stay on a property, a sale of the property during the stay will not be set aside, unless it can be shown that fraud, oppression, or unfairness occurred during the sales process.

Pascua V. Bayview Loan Servicing, Llc, 135 Nev. Adv. Op. 4 (Feb. 7, 2019), Scott Cooper

Nevada Supreme Court Summaries

The Court determined that an individual who has been appointed special administrator of a decedent’s estate is entitled to participate in the Foreclosure Mediation Program if the property is the special administrator’s primary residence, and they retain an ownership interest through intestate succession laws.

Howard V. Hughes, 134 Nev. Adv. Op. 80 (Oct. 4, 2018), Christian Ogata

Nevada Supreme Court Summaries

The Court clarified the holding of Langevin v. York, and applied the presumptions outlined in Sack v. Tomlin to unmarried joint tenants. The Court held that before property may be partitioned and shares are proportionally divided between unrelated joint tenants, a party must overcome the presumption of equal ownership. If a party overcomes this presumption, the shares are proportionally divided based on the parties’ respective financial contributions to the initial purchase price, unless the other party can show a donative intent to gift an equal ownership interest.

Rosenburg Living Trust V. Macdonald Highlands Realty, Llc C/W 70478, 134 Nev. Adv. Op. 69 (Sept. 13, 2018) (En Banc), Scott Cooper

Nevada Supreme Court Summaries

The Court determined that Nevada law does not recognize implied restrictive covenants based on a common development scheme, and the Court did not adopt the doctrine under these facts. Additionally, the Court held that, unlike common law disclosure requirements, claims arising from the duties of a licensee under NRS Chapter 645 could not be waived. Finally, it held that attorney fees and costs should only be awarded where a claim is without reasonable ground, or to harass the prevailing party.

Wells Fargo, N.A. V. Radecki, 134 Nev. Adv. Op. 74 (Sep. 13, 2018) (En Banc), Yilmaz Turkeri

Nevada Supreme Court Summaries

The Court determined that: (1) Wells Fargo failed to present evidence of unfairness or irregularity that would invalidate the foreclosure sale; (2) pursuant to NRS 112.170(2), a regularly conducted, noncollusive foreclosure sale under NRS Chapter 116 is exempt under the Uniform Fraudulent Transfer Act (UFTA); and (3) inaccuracies in a foreclosure deed are not sufficient to invalidate a foreclosure sale that complied with NRS Chapter 116.

Bank Of America, N.A. V. Sfr Inv.’S Pool 1, Llc, 134 Nev. Adv. Op. 72 (Sept. 13, 2018) (En Banc), Esteban Hernandez

Nevada Supreme Court Summaries

The Court determined that becausethe holder of the first deed of trust provided valid tender of the superpriority portion of anHOA’s lien, the HOA’s foreclosure on the lien was void as to the superpriority portion. Further, anHOA has no right to convey full title to the property because the holder’s first deed of trust remains after foreclosure. Thus,when the holder unconditionally tenders the superiority amount due, the buyer at an HOA lien foreclosure sale takes the property subject to the deed of trust.

Sfr Invs. Pool 1, Llc V. Bank Of N.Y. Mellon, 134 Nev. Adv. Op. 58 (Aug. 2, 2018) (En Banc), Jocelyn Murphy

Nevada Supreme Court Summaries

The Court determined that prior to its 2015 amendment, NRS § 116.31168, through its incorporation of NRS § 107.090, previously required homeowner associations to provide notices of default and sale to all persons and entities with a subordinate interest in the property, regardless of whether they had requested notice.

Clark County V. Hq Metro, Llc, 134 Nev., Adv. Op. 56 (Aug. 2, 2018) (En Banc), Joseph K. Fabbi

Nevada Supreme Court Summaries

The Court held that condemnation compensation is due to the party who lost a right to property when a court orders eminent domain to a government entity.

West Sunset 2050 Trust V. Nationstar Mortgage, L.L.C., 134 Nev. Adv. Op. 47 (Jun. 28, 2018), Shaneka J. Malloyd

Nevada Supreme Court Summaries

The Court found that a foreclosure sale is not invalid due to lack of notice where: (1) a homeowners association (HOA) fails to serve the Notice of Default (NOD) to the recorded beneficiary of the deed of trust and (2) that recorded beneficiary’s successor in interest is unable to demonstrate how it was prejudiced or injured by the defective notice to their predecessor in interest. Further, a HOA does not lose standing to foreclose on a property when it enters into a factoring agreement that does not change the relationship between debtor and lender.

Carrington Mortg. Holdings V. R Ventures, 134 Nev. Adv. Op. 46 (Jun. 14, 2018), Paloma Guerrero

Nevada Supreme Court Summaries

The Court determined that application of NRS § 116.3116(8) which states that “[a] judgment or decree in any action brought under this section must include costs and reasonable attorney’s fees for the prevailing party,” refers only to actions brought by a homeowners’ association to enforce its assessment lien and not a quiet title and declaratory judgment action by a third-party purchaser at such a sale.

Montage Marketing, Llc V. Washoe County, 134 Nev. Adv. Op. 3 (May 31, 2018), Jocelyn Murphy

Nevada Supreme Court Summaries

The Court held the district court’s order denying a petition for judicial review in a property tax matter concerning unsold condominium units was proper under NRS 361.227(2)(b) and NRS 351.227(5)(c) because neither statutory provision requires a county assessor to value unsold condominiums as a single unit or to apply the discounted cash flow method to determine full cash value.

Saticoy Bay V. Fed. Nat’L Mortg. Ass’N, 134 Nev. Adv. Op. 36 (May. 17, 2018) (En Banc), Shady Sirsy

Nevada Supreme Court Summaries

The Court held that when the Federal Housing Finance Agency (FHFA) is acting as a conservator, absent their affirmative relinquishment, the Federal Foreclosure Bar cloaks property with Congressional protection.

Pawlik V. Deng, 134 Nev. Adv. Op. 11 (Mar. 1, 2018) (En Banc), Will T. Carter

Nevada Supreme Court Summaries

The Court held NRS 271.595 creates two redemption periods; one of two years and one of 60-days. The 60-day notice and redemption period must follow the two-year period and cannot run concurrently.

Sfr Inv.'S Pool 1, Llc V. First Horizon Home Loans, 134 Nev. Adv. Op. 4 (Feb. 1, 2018), Brendan Mcleod

Nevada Supreme Court Summaries

The Court determined that, under provisions of NRS 116.31162, when an HOA records a notice of a foreclosure sale, any subsequent buyer who purchases the property is subject to that notice that a foreclosure may be imminent.

Nationstar Mortg., Llc V. Saticoy Bay Llc Series 2227 Shadow Canyon, 133 Nev. Adv. Op. 409 (Nov. 22, 2017), Connor Saphire

Nevada Supreme Court Summaries

The Court considered an appeal from a district court order granting summary judgment. In its holding, the Court concluded that it would not invalidate a foreclosure sale based on a low sales price alone. The commercial reasonableness standard established by Article 9 of the Uniform Commercial Code (U.C.C.) does not apply to Homeowner’s Association (HOA) foreclosures because they involve real property sales. Rather, there must be a showing of “fraud, unfairness, or oppression” on behalf of the seller.

Facklam V. Hsbc Bank Usa, 126 Nev. Adv. Op. 65 (September 14, 2017), Ellsie Lucero

Nevada Supreme Court Summaries

The Court held that NRS 11.190(1)(b)’s statute of limitations does not apply to nonjudicial foreclosures because it is not a judicial action.

Property Plus Inv.’S, Llc V. Mortg. Elec. Registration Sys., Inc., 133 Nev. Adv. Op. 62 (Sept. 14, 2017), Margaret Higgins

Nevada Supreme Court Summaries

The Court determined that: (1) under NRS 116.3116 (The HOA Lien Statute), an HOA’s assertion and subsequent rescission of a superpriority lien does not preclude the HOA from asserting new, separate superpriority liens based on unpaid assessments accruing after the rescission of the previous superpriority lien; and (2) superpriority liens survive Chapter 7 bankruptcy discharge.

Ln Mgmt. Llc Series 5105 Portraits Place V. Green Tree Loan Servicing Llc, 133 Nev. Adv. Op. 55 (Aug. 03, 2017), Wesley Lemay Jr.

Nevada Supreme Court Summaries

If a homeowner that owns property in Nevada but declares bankruptcy in Texas and fails to list the Home Owners Association (HOA) as a creditor, the HOA cannot violate the automatic stay imposed by the bankruptcy and sell the property. If the property is sold in violation of the automatic stay, the sale is invalid. Under Ninth Circuit law, the sale is void ab initio while the Fifth Circuit holds that these types of sales are voidable, but can be approved by the bankruptcy court.