A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to take possession of the real property in the absence of a foreclosure sale or in accordance with NRS 32.100 to 32.370, inclusive, NRS 107.100 or chapter 107A of NRS.
NRS 40.050
Mortgage not deemed conveyance
Applied in 4 court decisions — leading case Young v. Embley (2006)
Most recently applied in 185 Wash. 2d 876 - Jordan v. Nationstar Mortgage, LLC (July 2016)
[1911 CPA § 576; RL § 5518; NCL § 9065]—(NRS A 2019, 1372)
How often courts cite this section
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.
Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.