Nev. Rev. Stat. § 32.360

Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 32.360 - Effect of enforcement by mortgagee
1. A request by a mortgagee for the appointment of a receiver, the appointment of a receiver or the application by a mortgagee of receivership property or proceeds to the secured obligation does not:
(a) Make the mortgagee a mortgagee in possession of the real property;
(b) Make the mortgagee an agent of the owner;
(c) Constitute an election of remedies that precludes a later action to enforce the secured obligation;
(d) Make the secured obligation unenforceable;
(e) Limit any right available to the mortgagee with respect to the secured obligation;
(f) Constitute an action within the meaning of subsection 1 of NRS 40.430; or
(g) Except as otherwise provided in subsection 2, bar a deficiency judgment pursuant to law of this State other than NRS 32.100 to 32.370, inclusive, governing or relating to a deficiency judgment.
2. If a receiver sells receivership property that pursuant to subsection 2 of NRS 32.315 is free and clear of a lien, the ability of a creditor to enforce an obligation that had been secured by the lien is subject to law of this State other than NRS 32.100 to 32.370, inclusive, relating to a deficiency judgment.

NRS 32.360

Added to NRS by 2017, 1233
Added by 2017, Ch. 232,§48, eff. 10/1/2017.