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Nevada Revised Statutes 107.09 - Request for notice of default and sale: Recording and contents; mailing of notice; request by homeowners’ association; effect of request

Nevada Revised Statutes > Title 9 > Chapter 107 > Default And Sale > § 107.09. Request for notice of default and sale: Recording and contents; mailing of notice; request by homeowners’ association; effect of request


Current as of: 2009

      1.  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, the real property described in the deed of trust, as evidenced by any document or instrument recorded in the office of the county recorder of the county in which any part of the real property is situated.

      2.  A person with an interest or any other person who is or may be held liable for any debt secured by a lien on the property desiring a copy of a notice of default or notice of sale under a deed of trust with power of sale upon real property may at any time after recordation of the deed of trust 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 or of sale. The request must state the name and address of the person requesting copies of the notices and identify the deed of trust by stating the names of the parties thereto, the date of recordation, and the book and page where it is recorded.

      3.  The trustee or person authorized to record the notice of default shall, within 10 days after the notice of default is recorded and mailed pursuant to NRS 107.080, 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:

      (a) Each person who has recorded a request for a copy of the notice; and

      (b) Each other person with an interest whose interest or claimed interest is subordinate to the deed of trust.

      4.  The trustee or 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 3.

      5.  An association may record in the office of the county recorder of the county in which a unit governed by the association is situated an acknowledged request for a copy of the deed upon sale of the unit pursuant to a deed of trust. A request recorded by an association must include, without limitation:

      (a) A legal description of the unit or the assessor’s parcel number of the unit;

      (b) The name and address of the association; and

      (c) A statement that the request is made by an association.

      6.  A request recorded by an association pursuant to subsection 5 regarding a unit supersedes all previous requests recorded by the association pursuant to subsection 5 regarding the unit.

      7.  If a trustee or person authorized to record a notice of default records the notice of default for a unit regarding which an association has recorded a request pursuant to subsection 5, the trustee or authorized person shall mail to the association a copy of the deed upon the sale of the unit pursuant to a deed of trust within 15 days after the trustee records the deed upon the sale of the unit.

      8.  No request recorded pursuant to the provisions of subsection 2 or 5 affects the title to real property, and failure to mail a copy of the deed upon the sale of the unit after a request is made by an association pursuant to subsection 5 does not affect the title to real property.

      9.  As used in this section:

      (a) "Association" has the meaning ascribed to it in NRS 116.011.

      (b) "Unit" has the meaning ascribed to it in NRS 116.093.

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Nevada Laws: Mortgage Lending

Nevada Revised Statutes > Chapter 106 - Real Mortgages
Nevada Revised Statutes > Chapter 107 - Deeds of Trust
Nevada Revised Statutes > Chapter 645E - Mortgage Bankers
Nevada Revised Statutes > Chapter 645F - Mortgage Lending and Related Professions

U.S. Code Provisions: Mortgage Lending

U.S. Code > Title 12 > Chapter 11A - Federal Home Loan Mortgage Corporation
U.S. Code > Title 12 > Chapter 27 - Real Estate Settlement Procedures
U.S. Code > Title 12 > Chapter 28 - Emergency Mortgage Relief
U.S. Code > Title 12 > Chapter 29 - Home Mortgage Disclosure
U.S. Code > Title 12 > Chapter 39 - Alternative Mortgage Transactions
U.S. Code Title 12 > Chapter 42 > Subchapter I - Prepayment Of Mortgages Insured Under National Housing Act
U.S. Code > Title 12 > Chapter 49 - Homeowners Protection
U.S. Code > Title 12 > Chapter 51 - Secure And Fair Enforcement For Mortgage Licensing

Federal Regulations: Mortgage Lending

U.S. Code > Title 12 > Chapter 11A - Federal Home Loan Mortgage Corporation
U.S. Code > Title 12 > Chapter 27 - Real Estate Settlement Procedures
U.S. Code > Title 12 > Chapter 28 - Emergency Mortgage Relief
U.S. Code > Title 12 > Chapter 29 - Home Mortgage Disclosure
U.S. Code > Title 12 > Chapter 39 - Alternative Mortgage Transactions
U.S. Code Title 12 > Chapter 42 > Subchapter I - Prepayment Of Mortgages Insured Under National Housing Act
U.S. Code > Title 12 > Chapter 49 - Homeowners Protection
U.S. Code > Title 12 > Chapter 51 - Secure And Fair Enforcement For Mortgage Licensing
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