Nevada Code § 21.130

Notice of sale under execution; separate notice for residential foreclosure
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1. Before the sale of property on
execution, notice of the sale, in addition to the notice required pursuant to NRS 21.075 and 21.076 , must be given as follows:
(a) In cases of perishable property, by posting
written notice of the time and place of sale in three public places at the
township or city where the sale is to take place, for such a time as may be
reasonable, considering the character and condition of the property.
(b) In case of other personal property, by
posting a similar notice in three public places of the township or city where
the sale is to take place, not less than 5 or more than 10 days before the
sale, and, in case of sale on execution issuing out of a district court, by the
publication of a copy of the notice in a newspaper, if there is one in the
county, at least twice, the first publication being not less than 10 days
before the date of the sale.
(c) In case of real property, by:
(1) Personal service upon each judgment
debtor or by registered mail to the last known address of each judgment debtor
and, if the property of the judgment debtor is operated as a facility licensed
under chapter 449 of NRS or an entity licensed
or certified under chapter 449B of NRS, upon
the State Board of Health;
(2) Posting a similar notice particularly
describing the property, for 20 days successively, in three public places of
the township or city where the property is situated and where the property is
to be sold;
(3) Publishing a copy of the notice three
times, once each week, for 3 successive weeks, in a newspaper, if there is one
in the county. The cost of publication must not exceed the rate for legal
advertising as provided in NRS 238.070 .
If the newspaper authorized by this section to publish the notice of sale
neglects or refuses from any cause to make the publication, then the posting of
notices as provided in this section shall be deemed sufficient notice. Notice
of the sale of property on execution upon a judgment for any sum less than
$500, exclusive of costs, must be given only by posting in three public places
in the county, one of which must be the courthouse;
(4) Recording a copy of the notice in the
office of the county recorder;
(5) If the sale of property is a
residential foreclosure, posting a copy of the notice in a conspicuous place on
the property. In addition to the requirements of NRS 21.140 , the notice must not be defaced
or removed until the transfer of title is recorded or the property becomes
occupied after completion of the sale, whichever is earlier; and
(6) In the case of a foreclosure sale,
depositing 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:
(I) Each person who, in accordance
with subsection 1 of NRS 107.090 , has
recorded a request for a copy of a notice of default or notice of sale with
respect to the mortgage or other lien being foreclosed;
(II) Each other person with an
interest in the real property whose interest or claimed interest is subordinate
to the mortgage or other lien being foreclosed; and
(III) An association that, pursuant
to subsection 4 of NRS 107.090 , has
recorded a request for a copy of the deed upon a foreclosure sale.
2. If the sale of property is a
residential foreclosure, the notice must include, without limitation:
(a) The physical address of the property; and
(b) The contact information of the party who is
authorized to provide information relating to the foreclosure status of the
property.
3. If the sale of property is a
residential foreclosure, a separate notice must be posted in a conspicuous
place on the property and mailed, with a certificate of mailing issued by the
United States Postal Service or another mail delivery service, to any tenant or
subtenant, if any, other than the judgment debtor, in actual occupation of the
premises not later than 3 business days after the notice of the sale is given
pursuant to subsection 1. The separate notice must be in substantially the
following form:
NOTICE
TO TENANTS OF THE PROPERTY
Foreclosure proceedings against this
property have started, and a notice of sale of the property to the highest
bidder has been issued.
You may either: (1) terminate your
lease or rental agreement and move out; or (2) remain and possibly be subject
to eviction proceedings under chapter 40 of the
Nevada Revised Statutes. Any subtenants may also be subject to eviction
proceedings.
Between now and the date of the
sale, you may be evicted if you fail to pay rent or live up to your other
obligations to the landlord.
After the date of the sale, you may
be evicted if you fail to pay rent or live up to your other obligations to the
successful bidder, in accordance with chapter
118A of the Nevada Revised Statutes.
Under the Nevada Revised Statutes,
eviction proceedings may begin against you after you have been given a notice
to surrender.
If the property is sold and you pay
rent by the week or another period of time that is shorter than 1 month, you
should generally receive notice after not less than the number of days in that
period of time.
If the property is sold and you pay
rent by the month or any other period of time that is 1 month or longer, you
should generally receive notice at least 60 days in advance.
Under Nevada Revised Statutes
40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes.
If the property is sold and a
landlord, successful bidder or subsequent purchaser files an eviction action
against you in court, you will be served with a summons and complaint and have
the opportunity to respond. Eviction actions may result in temporary evictions,
permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes
40.360 or some combination of those results.
Under the Justice Court Rules of
Civil Procedure:
(1) You will be given
at least 10 days to answer a summons and complaint;
(2) If you do not file
an answer, an order evicting you by default may be obtained against you;
(3) A hearing regarding
a temporary eviction may be called as soon as 11 days after you are served with
the summons and complaint; and
(4) A hearing regarding
a permanent eviction may be called as soon as 20 days after you are served with
the summons and complaint.
4. The sheriff shall not conduct a sale of
the property on execution or deliver the judgment debtors property to the
judgment creditor if the judgment debtor or any other person entitled to notice
has not been properly notified as required in this section and NRS 21.075 and 21.076 .
5. As used in this section:
(a) Foreclosure sale means the sale of real
property pursuant to NRS 40.430 .
(b) Residential foreclosure means the sale of a
single family residence pursuant to NRS
40.430 . As used in this subsection, single family residence means a
structure that is comprised of not more than four units.

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