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Articles 31 - 60 of 106
Full-Text Articles in Property Law and Real Estate
Nationstar Mortg. V. Sfr Invs. Pool 1, 133 Nev. Adv. Op. 34 (June 22, 2017), Elise Conlin
Nationstar Mortg. V. Sfr Invs. Pool 1, 133 Nev. Adv. Op. 34 (June 22, 2017), Elise Conlin
Nevada Supreme Court Summaries
The Court held that a servicer of a loan that is owned by a regulated entity does have standing to raise claims on behalf of the Federal Housing Finance Agency. If a party argues that federal law preempts state law when a case is properly before the court, then the court has authority to determine that issue.
Iliescu V. Steppan, 133 Nev. Adv. Op. 25 (May 25, 2017), Yolanda Carapia
Iliescu V. Steppan, 133 Nev. Adv. Op. 25 (May 25, 2017), Yolanda Carapia
Nevada Supreme Court Summaries
The NRS 108.245(1) actual notice exception does not apply to offsite work and services when no onsite work has been performed on the property.
In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 4 (Jan. 26, 2017), Maegun Mooso
In Re Davis Family Heritage Trust, 133 Nev. Adv. Op. 4 (Jan. 26, 2017), Maegun Mooso
Nevada Supreme Court Summaries
The Court determined that (1) NRS 155.190(1)(h) only grants the Court appellate jurisdiction over the portion of an appeal order instructing or appointing a trustee, and (2) persons accepting an appointment as an investment trust advisor for a trust with a situs in Nevada impliedly consent to personal jurisdiction in Nevada under 163.5555.
Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia
Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia
Nevada Supreme Court Summaries
The Court determined that (1) NRS 361.395 does not provide the State Board with authority to order reappraisals; and (2) the 2010 regulation purporting to provide the State Board with such authority does not apply retroactively to the tax years at issue in this case.
Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens
Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens
Nevada Supreme Court Summaries
The Court determined that a notice of completion’s recording date—not the date on which the notice is signed and notarized—signifies when the notice is “issued” to trigger “substantial completion” under NRS 11.2055(1)(b) for NRS Chapter 11’s construction defect statutes of repose.
Pacific Western Bank V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 78 (Nov. 3, 2016), Margarita Elias
Pacific Western Bank V. Eighth Jud. Dist. Ct., 132 Nev. Adv. Op. 78 (Nov. 3, 2016), Margarita Elias
Nevada Supreme Court Summaries
The Court concluded that funds contained in financial accounts under 26 U.S.C. § 529 (“529 accounts”) constitute a debt and that these funds are subject to execution and garnishment in Nevada despite their physical location elsewhere. Specifically, the Court adopted Section 68 of the Restatement (Second) of Conflict of Laws and concluded that funds contained in 529 accounts are a debt, not a chattel.
Bank Of Nevada V. Petersen, 132 Nev. Adv. Op. 64 (Aug. 12, 2016), Kristopher Kalkowski
Bank Of Nevada V. Petersen, 132 Nev. Adv. Op. 64 (Aug. 12, 2016), Kristopher Kalkowski
Nevada Supreme Court Summaries
No abstract provided.
Badger V. Eighth Jud. Dist. Ct., F. Shane Jackson
Badger V. Eighth Jud. Dist. Ct., F. Shane Jackson
Nevada Supreme Court Summaries
The Court considered a petition for a writ of mandamus challenging a district court order denying a motion for summary judgment and a motion to dismiss. Petitioner Darrin D. Badger (“Petitioner”) sought summary judgment in a breach of guaranty action against him and dismissal of a complaint of a deficiency judgment against him in connection with a foreclosure. After the court denied Petitioner’s motions, he filed the instant petition. The Court granted the petition, holding that a party may not use the relation back provision of NRCP 15(c) to circumvent the requirement in NRS 40.455(1) that an application for a …
Horizons At Seven Hills V. Ikon Holdings, 132 Nev. Adv. Op. 35 (Apr. 28. 2016) (En Banc), Lena Rieke
Horizons At Seven Hills V. Ikon Holdings, 132 Nev. Adv. Op. 35 (Apr. 28. 2016) (En Banc), Lena Rieke
Nevada Supreme Court Summaries
The Court determined that (1) a superpriority lien for common expense assessments pursuant to NRS 116.3116(2) does not include collection fees and foreclosure costs incurred by a homeowners’ association; and (2) a superpriority lien in a homeowners association’s covenants, conditions, and restrictions is superseded by NRS 116.3116(2).
Shadow Wood Homeowners Association, Inc.; And Gogo Way Trust V. New York Community Bancorp, Inc. (January 28, 2016), Andrea Orwoll
Shadow Wood Homeowners Association, Inc.; And Gogo Way Trust V. New York Community Bancorp, Inc. (January 28, 2016), Andrea Orwoll
Nevada Supreme Court Summaries
The Court reviewed an appeal from a district court order granting summary judgment to a bank that had lost a condominium in an HOA lien foreclosure sale. The Court held that despite statutory provisions, which seem prohibit overturning an HOA lien foreclosure sale if required recitals are present in the HOA’s trustee deed, there remains a common law power to overturn such foreclosure sales. The Court reaffirmed the principle that, where appropriate, Nevada courts may “grant equitable relief from a defective HOA lien foreclosure sale”—but only when there has been both 1) an inadequate price paid, and 2) fraud or …
Southern Highlands V. San Florentine, 132 Nev. Adv. Op. 3 (Jan. 14, 2016), Kristen Matteoni
Southern Highlands V. San Florentine, 132 Nev. Adv. Op. 3 (Jan. 14, 2016), Kristen Matteoni
Nevada Supreme Court Summaries
Under the plain language of NRS 116.3116(4), “equal priority” is given to multiple HOA liens on the same property when those liens secure unpaid HOA charges and dues. When one lienholder of equal priority forecloses, all other liens are terminated. Nonetheless, all equal priority lienholders share in the foreclosure profit by either being paid in full when able to do so or, if sale profit is inadequate, through a pro-rata share of the proceeds. Thus, because the Foothills and Southern Highlands have equal priority liens, Foothills’ foreclosure terminated Southern Highlands lien, however Southern Highlands is entitled its allotment of the …
Fritz V. Washoe County, 132 Nev. Adv. Op. 57 (Aug. 4, 2016), Jessie Folkestad
Fritz V. Washoe County, 132 Nev. Adv. Op. 57 (Aug. 4, 2016), Jessie Folkestad
Nevada Supreme Court Summaries
This case involved the question of whether a counties’ approval of subdivision maps and street dedications which included a drainage system constituted inverse condemnation where the plaintiff’s property flooded as a result. The Supreme Court of Nevada adopted a six part element test for inverse condemnation, and determined that genuine issues of material fact existed as to whether the County’s actions constituted substantial involvement in the drainage system sufficient to deem it public use.
In Re: Manhattan West Mechanic’S Lien Litigation, 131 Nev. Adv. Op. 70 (Sept. 24, 2015), Kristian Kaskla
In Re: Manhattan West Mechanic’S Lien Litigation, 131 Nev. Adv. Op. 70 (Sept. 24, 2015), Kristian Kaskla
Nevada Supreme Court Summaries
The Court determined that (1) a general subordination agreement effects a partial subordination; and (2) NRS 108.225 does not preclude parties from contracting for a partial subordination.
Mardian V. Greenberg Family Trust, 131 Nev. Adv. Op. 72 (Sep. 24, 2015), Colton Loretz
Mardian V. Greenberg Family Trust, 131 Nev. Adv. Op. 72 (Sep. 24, 2015), Colton Loretz
Nevada Supreme Court Summaries
The Court concluded that the promissory note, which had security interest by both a deed of trust of Arizona real property and personal guaranties, was governed by Nevada limitations period because of the Nevada choice-of-law provision within the contract. Consequently, the Court held that the party seeking deficiency judgment was time-barred pursuant to NRS 40.455(1) because the judgment was not sought within six months of the foreclosure sale of the collateral property.
Land Baron Invs. V. Bonnie Springs Family Lp, 131 Nev. Adv. Op. 69 (Sept. 17, 2015), Rob Schmidt
Land Baron Invs. V. Bonnie Springs Family Lp, 131 Nev. Adv. Op. 69 (Sept. 17, 2015), Rob Schmidt
Nevada Supreme Court Summaries
This case is an appeal arising from a failed land sale contract. The Court considered three issues of first impression, holding that (1) when a party bears the risk, mutual mistake is not a basis for rescission; (2) an abuse of process claim may not be supported by a complaint to an administrative agency; (3) a nuisance claim seeking only emotional distress damages must be supported by proof of physical harm. Ultimately, The Court affirmed in part and reversed in part.
Double Diamond V. Second Jud. Dist. Ct., 131 Nev. Adv. Op. 57 (July 30, 2015), Janine Lee
Double Diamond V. Second Jud. Dist. Ct., 131 Nev. Adv. Op. 57 (July 30, 2015), Janine Lee
Nevada Supreme Court Summaries
NRS 116.3105(2) permits homeowners associations to terminate contracts at any time if the declarant did not enter into the contract in good faith or if the contract was unconscionable to the units’ owners at the time of contract formation.[1] The statute requires that an association provide at least 90 days notice of termination under this provision. The 90-day notice period in NRS 116.3105(2) does not operate as a statute of limitations nor does it shift the burden to a notice recipient to file an action. Instead, NRS 11.190 is applicable, resulting in either a four-year or six-year statute of …
Summary Of Dep't Of Taxation V. Kawahara., 131 Nev. Adv. Op. 42 (June 25, 2015), Janine Lee
Summary Of Dep't Of Taxation V. Kawahara., 131 Nev. Adv. Op. 42 (June 25, 2015), Janine Lee
Nevada Supreme Court Summaries
A recorded tax lien has the effect of a judgment lien under NRS 360.473(2) and therefore, cannot have the effect or priority of a mortgage lien. The common law rule of “first in time, first in right” applies to lien priority when a valid deed of trust is attached to a property, thus creating a security interest, prior to the recording of a tax lien; even if not recorded until after the tax lien.
Summary Of Branch Banking & Trust V. Windhaven & Tollway, Llc, 131 Nev. Adv. Op. 20 (Apr. 30, 2015), Joseph Meissner
Summary Of Branch Banking & Trust V. Windhaven & Tollway, Llc, 131 Nev. Adv. Op. 20 (Apr. 30, 2015), Joseph Meissner
Nevada Supreme Court Summaries
The Court determined the proper interpretation of NRS 40.455(1), and applied it in a claim for a deficiency judgment following an out-of-state nonjudicial foreclosure. NRS 40.455(1) “does not require an out-of-state trustee’s sale to comply with NRS 107.080, nor does it preclude a deficiency judgment in Nevada when a nonjudicial foreclosure sale is conducted pursuant to the laws of another state.”
Summary Of First Financial Bank V. Lane, 130 Nev. Adv. Op. 96, Joseph Meissner
Summary Of First Financial Bank V. Lane, 130 Nev. Adv. Op. 96, Joseph Meissner
Nevada Supreme Court Summaries
The Court determined whether the definition of “indebtedness,” found in NRS 40.451, in conjunction with NRS 40.459, limits the amount a successor lienholder can recover in a deficiency judgment.
Summary Of Sfr Investments Pool 1, Llc V. U.S. Bank, 120 Nev. Adv. Op. 75, Amber Lilienthal
Summary Of Sfr Investments Pool 1, Llc V. U.S. Bank, 120 Nev. Adv. Op. 75, Amber Lilienthal
Nevada Supreme Court Summaries
The Court determined that (1) an HOA receives a true superpriority lien on a homeowner’s property under NRS 116.3116 making an HOA lien, with limited exceptions, “prior to all other liens and encumbrances” on the property, including first deeds of trust recorded before the dues became delinquent; and (2) an HOA lien can be foreclosed on nonjudicially.
Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein
Summary Of Simmons Self-Storage V. Rib Roof, Inc., 130 Nev. Adv. Op. 57, Kelsey Bernstein
Nevada Supreme Court Summaries
The Court determined two issues: (1) whether a mechanic or materialman must prove either that the materials were only delivered for use or whether the materials were actually used for the property in order to establish a lien on the property; (2) whether a property subject to a lien may still be sold where a surety bond has been posted, or whether the lien judgment should be satisfied from the surety bond.
Summary Of In Re Irrevocable Trust Agreement Of 1979, 130 Nev. Adv. Op. 63, Michael Paretti
Summary Of In Re Irrevocable Trust Agreement Of 1979, 130 Nev. Adv. Op. 63, Michael Paretti
Nevada Supreme Court Summaries
The Court determined whether unilateral mistakes, if proven, will allow a donor to rescind or reform an errant gift.
Summary Of Schleining V. Cap One, Inc., 130 Nev. Adv. Op. 36, Laura Guidry
Summary Of Schleining V. Cap One, Inc., 130 Nev. Adv. Op. 36, Laura Guidry
Nevada Supreme Court Summaries
The Court determined two issues: 1) whether NRS 40.453 invalidates a guarantor’s contractual waiver of the statutory right to be mailed a notice of default and 2) whether NRS 107.095 requires strict or substantial compliance by lenders giving notice of default, and if substantial compliance is sufficient, whether there was substantial compliance in this case.
Summary Of County Of Clark V. Lb Properties, Inc., 129 Nev. Adv. Op. 96, Lee Gorlin
Summary Of County Of Clark V. Lb Properties, Inc., 129 Nev. Adv. Op. 96, Lee Gorlin
Nevada Supreme Court Summaries
The Court determined whether a regulation promulgated by the Nevada Tax Commission to value remainder parcels of real property for tax abatement purposes applies retroactively, and if so, whether it violates Article 10, Section 1 of the Nevada Constitution.
Summary Of Nevada Power Co. V. 3 Kids Llc, 129 Nev. Adv. Op. 47, Oscar Peralta
Summary Of Nevada Power Co. V. 3 Kids Llc, 129 Nev. Adv. Op. 47, Oscar Peralta
Nevada Supreme Court Summaries
The Court reviewed a jury instruction regarding the determination of fair market value of condemned property, a portion of which is located within a government setback, for the purpose of ascertaining just compensation. Additionally, the Court considered whether the district court abused its discretion by allowing testimony provided by respondent’s expert and excluding appellant’s rebuttal evidence.
Summary Of Bergenfield V. Bank Of America, 129 Nev. Adv. Op. 40, Christopher J. Humphrey
Summary Of Bergenfield V. Bank Of America, 129 Nev. Adv. Op. 40, Christopher J. Humphrey
Nevada Supreme Court Summaries
This is an appeal from a district court order denying a petition for judicial review in a Foreclosure Mediation Program matter. In Nevada’s Foreclosure Mediation Program, where a deed of trust and promissory note are held by different entities, the note holder’s sole attendance at the mediation is insufficient to satisfy the statutory requirement that the deed of trust beneficiary also attend and participate in the mediation.
Summary Of Jacinto V. Pennymac Corp., 129 Nev. Adv. Op. 32, Michael Esposito
Summary Of Jacinto V. Pennymac Corp., 129 Nev. Adv. Op. 32, Michael Esposito
Nevada Supreme Court Summaries
Appeal from a district court order granting a petition for judicial review in a Foreclosure Mediation Program (FMP) matter. The Court addressed the issue of whether a homeowner whose petition for judicial review in a FMP matter was granted, but whose request for a judicially imposed loan modification was denied, is an aggrieved party with standing to appeal the amount and nature of sanctions.
Summary Of Sowers V. Forest Hills Subdivision, 129 Nev. Adv. Op. 9, Daniel Nubel
Summary Of Sowers V. Forest Hills Subdivision, 129 Nev. Adv. Op. 9, Daniel Nubel
Nevada Supreme Court Summaries
The Court considered whether substantial evidence existed to support the district court’s decision to grant a permanent injunction against the construction of a wind turbine.
Summary Of Building Energetix Corp. V. Ehe, Lp, 129 Nev. Adv. Op. 6, Brittany Llewellyn
Summary Of Building Energetix Corp. V. Ehe, Lp, 129 Nev. Adv. Op. 6, Brittany Llewellyn
Nevada Supreme Court Summaries
Appeal from a district court order granting a deficiency judgment after a nonjudicial foreclosure sale and subsequent reconveyance of property.
Summary Of City Of Las Vegas V. Cliff Shadows Prof'l Plaza, Llc, 129 Nev. Adv. Op. 2, Brittney Puzey
Summary Of City Of Las Vegas V. Cliff Shadows Prof'l Plaza, Llc, 129 Nev. Adv. Op. 2, Brittney Puzey
Nevada Supreme Court Summaries
The Court considered an appeal and cross appeal on issues arising from an eminent domain action brought by Appellant City of Las Vegas to acquire a 40-foot-wide strip of real property from Respondent Cliff Shadows Professional Plaza, LLC.