Nevada | Real Estate Law
Legal Question
is nevada a one action state whereby a mortgage lien holder can not pursue a homeowner for a defeciency judgement if the lender approves the short sale?
Legal Answers
|
Read More Answered By: Paul Malikowski |
Absent express language in a short sale agreement releasing the lender’s right to a deficiency judgment, the lender has six (6) years to file suit against the homeowner for the difference between the loan balance and the sale price. Your attorney can explain further. |
|
Read More Answered By: Rick Williams |
Attorney Malikowski's answer is correct in a general sense, but in 2009 the Nevada Legislature provided a new law that provides some protection to homeowners who suffer foreclosure of their primary residence. It has been argued that the provision also applies to short sales that may result in a deficiency judgment, but there are not yet any reported Nevada Supreme Court opinions of that application of the law. Several local attorneys are taking that position, and some are using it to negotiate a "waiver of rights" from the lender upon short sale, so it still may be valuable to you, unless and until the Court decides it applies ONLY to cases of foreclosure. At any rate, here is the relevant text of the statute (NRS 40.455):
>>>>>>>>>>>>>>>>>>>>>>>>>> 3. If the judgment creditor or the beneficiary of the deed of trust is a financial institution, the court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust, even if there is a deficiency of the proceeds of the sale and a balance remaining due the judgment creditor or beneficiary of the deed of trust, if:
(a) The real property is a single-family dwelling and the debtor or grantor was the owner of the real property at the time of the foreclosure sale or trustee's sale;
(b) The debtor or grantor used the amount for which the real property was secured by the mortgage or deed of trust to purchase the real property;
(c) The debtor or grantor continuously occupied the real property as the debtor's or grantor's principal residence after securing the mortgage or deed of trust; and
(d) The debtor or grantor did not refinance the mortgage or deed of trust after securing it. >>>>>>>>>>>>>>>>>>>>>>>>>
Mr. Malikowski is absolutely correct that you need to consult a competent attorney for full and accurate advice on this issue. There are a lot of con men out there trying to make money from Nevadans' economic distress, so don't fall prey to someone making big promises that sound too good to be true. They probably are! |
Top Attorneys in NV
www.SelikLaw.com
San Diego And Las Vegas, CA
Questions Answered: 2001
Last Question Aswered on: 2012-05-27
James E. Smith Ltd.
Las Vegas, NV
Questions Answered: 1456
Last Question Aswered on: 2012-05-25
Malikowski Law Offices, Ltd.
Reno, NV
Questions Answered: 365
Last Question Aswered on: 2012-04-23
TheCorporateAttorneys.com
San Diego, CA
Questions Answered: 294
Last Question Aswered on: 2012-05-27
Black & Lobello
Las Vegas, NV
Questions Answered: 286
Last Question Aswered on: 2009-11-16
Law Offices of Frederick D. (Rick) Williams, Chtd.
Sparks, NV
Questions Answered: 223
Last Question Aswered on: 2012-03-21
Law Offices of Keith Knochel
Bullhead City, AZ
Questions Answered: 145
Last Question Aswered on: 2004-06-25
Law Offices of Jeffrey A. Cogan, Chartered
Las Vegas, NV
Questions Answered: 109
Last Question Aswered on: 2007-02-27
Attorney at Law
Lake Tahoe, NV
Questions Answered: 63
Last Question Aswered on: 2012-01-17
albright stoddard warnick & albright
Las Vegas, NV
Questions Answered: 17
Last Question Aswered on: 2009-03-19
Search Questions and Answers


