Nevada Revised Statutes 116.311627 – Foreclosure of liens: Limitations, requirements and procedures applicable to federal workers, tribal workers and state workers and household members and landlords of such workers in connection with shutdown; penal…
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 federal worker, tribal worker or state worker or, in accordance with subsection 3, a household member or landlord of a federal worker, tribal worker or state worker, an association shall not initiate the foreclosure of a lien by sale during the period commencing on the date on which a shutdown begins and ending on the date that is 90 days after the date on which the shutdown ends.
Terms Used In Nevada Revised Statutes 116.311627
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
2. The provisions of subsection 1 do not apply if a court determines that the ability of the federal worker, tribal worker, state worker, household member or landlord to comply with the terms of the obligation secured by the residential mortgage loan is not materially affected by the shutdown.
3. Upon application to the court, a household member or landlord of a federal worker, tribal worker or state worker is entitled to the protections provided to a federal worker, tribal worker or state worker pursuant to this section if the ability of the household member or landlord to make payments required by a lien of a unit-owners’ association is materially affected by the shutdown.
4. An association shall:
(a) Inform each unit’s owner or his or her successor in interest that if the person is a federal worker, tribal worker, state worker, household member or landlord of such a worker, 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.
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. As used in this section:
(a) ’Federal worker’ has the meaning ascribed to it in NRS 40.002.
(b) ’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:
(1) 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;
(2) 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
(3) 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 federal worker, tribal worker, state worker or household member or landlord of such a worker.
(c) ’Household member’ has the meaning ascribed to it in NRS 40.0025.
(d) ’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.
(e) ’Shutdown’ has the meaning ascribed to it in NRS 40.0035.
(f) ’State worker’ has the meaning ascribed to it in NRS 40.004.
(g) ’Tribal worker’ has the meaning ascribed to it in NRS 40.0045.