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NRS 116.31168

Foreclosure of liens: Requests by interested persons for notice of default and election to sell or notice of sale

Known as the Uniform Common-Interest Ownership Act

The act spans §§ 116–116 (235 sections).

Applied in 23 court decisions — leading case Bourne Valley Court Trust v. Wells Fargo Bank, NA (2016)

Most recently applied in Saticoy Bay Llc Ser. 5733 Oasis Ridge Vs. Mariners Atl. Portfolio, Llc (June 2021)

(Added to NRS by 1991, 570; A 1993, 2373; 2015, 1344; 2019, 1381)

How often courts cite this section

20142020202180
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. A person with an interest or any other person who is or may be held liable for any amounts which are the subject of the association’s lien pursuant to NRS 116.3116 or the servicer of a loan secured by a deed of trust or mortgage on real property which is subject to such lien desiring a copy of a notice of default and election to sell or notice of sale under the association’s lien may record in the office of the county recorder of the county in which any part of the real property is situated an acknowledged request for a copy of the notice of default and election to sell or the notice of sale. The request must state:

(a) The name and address of the person requesting copies of the notices;

(b) A legal description of the unit in which the person has an interest or the assessor’s parcel number of that unit; and

(c) The names of the unit’s owner and the common-interest community.

2. The association or other person authorized to record the notice of default and election to sell shall, within 10 days after the notice is recorded and mailed pursuant to NRS 116.31162, cause to be deposited in the United States mail an envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the notice, addressed to each person who has recorded a request for a copy of the notice.

3. The association or other person authorized to make the sale shall, at least 20 days before the date of sale, cause to be deposited in the United States mail an envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the notice of time and place of sale, addressed to each person described in subsection 2.

4. As used in this section, “person with an interest” means any person who has or claims any right, title or interest in, or lien or charge upon, a unit being foreclosed pursuant to NRS 116.31162 to 116.31168, inclusive.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.