Legal Question in Real Estate Law in Nevada
Lien on Real Property Form
I need to file a lien on real property in Reno Nevada on a judgment that we have in California. I called the Coutny clerk in the county where the property is located and she told me to send a certified copy of the judgment and a filled out lien form that I could get in any stationery store here. I am having no luck in finding such a form.
3 Answers from Attorneys
Re: Lien on Real Property Form
The Nevada law on point is found here:
http://www.leg.state.nv.us/NRS/NRS-017.html#NRS017Sec330
Specifically, Nevada law provides the following:
NRS 17.350 Filing and status of foreign judgments. An exemplified copy of any foreign judgment may be filed with the clerk of any district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner.
If a stationery store has the forms necessary to accomplish this, that's great, but I don't think so.
Re: Lien on Real Property Form
You need to Domesticate the Foreign Judgment.
Joel
JOEL SELIK
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Re: Lien on Real Property Form
County clerks are not attorneys and haven't a clue about the law and should not be dispensing advice. If you have a California judgment, it needs to be transformed into a Nevada judgment, as a "sister-state judmgent". Each state has its own laws about honoring the jdugments of other states, and you need to get a Nevada attorney to have your California judgment recognized in Nevada Courts. Once that is accomplished, then you would need to get the equivalent of California's abstract of judgment issued by the Nevada court, and THEN you record it with the County Recorder of the Nevada County where the property is located.