NRS 116.311625
Foreclosure of liens: Limitations, requirements and procedures applicable to servicemembers and their dependents; penalty; liability; tolling.
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Statutory text
����� 1. Notwithstanding any other provision of
law and except as otherwise provided in subsection 2 or ordered by a court of
competent jurisdiction, if a unit�s owner or his or her successor in interest
is a servicemember or, in accordance with subsection 3, a dependent of a
servicemember, an association shall not initiate the foreclosure of a lien by
sale during any period that the servicemember is on active duty or deployment
or for a period of 1 year immediately following the end of such active duty or
deployment.
����� 2. The provisions of subsection 1 do not
apply if a court determines that the ability of the servicemember or dependent
of the servicemember to comply with the terms of the obligation secured by the
lien of a unit-owners� association is not materially affected by the
servicemember�s active duty or deployment.
����� 3. Upon application to the court, a dependent
of a servicemember is entitled to the protections provided to a servicemember
pursuant to this section if the ability of the dependent to make payments
required by a lien of a unit-owners� association is materially affected by the
servicemember�s active duty or deployment.
����� 4. An association shall:
����� (a) Inform each unit�s owner or his or her
successor in interest that if the person is a servicemember or a dependent of a
servicemember, he or she may be entitled to certain protections pursuant to this
section; and
����� (b) Give the person the opportunity to provide
any information required to enable the association to verify whether he or she
is entitled to the protections set forth in this section, including, without
limitation, the social security number and date of birth of the person.
����� 5. Before an association takes any action
pursuant to paragraph (a) of subsection 4 of NRS 116.31162 , if information required to
verify whether a unit�s owner or his or her successor in interest is entitled
to the protections set forth in this section:
����� (a) Has been provided to the association pursuant
to subsection 4, the association must verify whether the person is entitled to
the protections set forth in this section.
����� (b) Has not been provided to the association
pursuant to subsection 4, the association must make a good faith effort to
verify whether the person is entitled to the protections set forth in this
section.
����� 6. Any person who knowingly initiates the
foreclosure of a lien by sale in violation of this section:
����� (a) Is guilty of a misdemeanor; and
����� (b) May be liable for actual damages, reasonable
attorney�s fees and costs incurred by the injured party.
����� 7. In imposing liability pursuant to paragraph
(b) of subsection 6, a court shall, when determining whether to reduce such
liability, take into consideration any due diligence used by the person before
he or she initiated the foreclosure of the lien by sale.
����� 8. Notwithstanding any other provision of
law, any applicable statute of limitations or period within which a
servicemember is required to submit proof of service that is prescribed by
state law is tolled during the period of protection provided to a servicemember
or dependent of a servicemember pursuant to this section.
����� 9. As used in this section:
����� (a) �Active duty� means full-time duty status in
the active uniformed service of the United States, including members of the
National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters
1209 and 1211.
����� (b) �Dependent� has the meaning ascribed to it in
50 U.S.C. � 3911.
����� (c) �Deployment� means the movement or
mobilization of a servicemember from his or her home station to another
location for more than 90 days pursuant to military orders.
����� (d) �Good faith effort� means that an association
acts honestly and fairly when trying to verify whether a unit�s owner or his or
her successor in interest is entitled to the protections set forth in this
section, as evidenced by the following actions:
������������
The association informs the unit�s
owner or his or her successor in interest of the information required pursuant
to paragraph (a) of subsection 4;
������������
The association makes reasonable
efforts to give the unit�s owner or his or her successor in interest the
opportunity to provide any information required to enable the association to
verify whether the person is entitled to the protections set forth in this
section pursuant to paragraph (b) of subsection 4; and
������������
The association makes reasonable
efforts to utilize all resources available to the association to verify whether
the unit�s owner or his or her successor in interest is a servicemember,
including, without limitation, the Internet website maintained by the United
States Department of Defense.
����� (e) �Initiate the foreclosure of a lien by sale�
means to take any action in furtherance of foreclosure of a lien by sale after
taking the actions set forth in paragraph (a) of subsection 4 of NRS 116.31162 .
����� (f) �Military� means the Armed Forces of the
United States, a reserve component thereof or the National Guard.
����� (g) �Servicemember� means a member of the
military.
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Reference only. Not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (September 20, 2026).