Nevada Code § 40.455

Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions
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1. Except as otherwise provided in
subsection 3, upon application of the judgment creditor or the beneficiary of
the deed of trust within 6 months after the date of the foreclosure sale and
after the required hearing, the court shall award a deficiency judgment to the
judgment creditor or the beneficiary of the deed of trust if it appears from
the sheriffs return or the recital of consideration in the trustees deed that
there is a deficiency of the proceeds of the sale and a balance remaining due
to the judgment creditor or the beneficiary of the deed of trust, respectively.
2. If the indebtedness is secured by more
than one parcel of real property, more than one interest in the real property
or more than one mortgage or deed of trust, the 6-month period begins to run
after the date of the foreclosure sale of the last parcel or other interest in
the real property securing the indebtedness, but in no event may the
application be filed more than 2 years after the initial foreclosure sale.
3. If the judgment creditor or the
beneficiary of the deed of trust is a financial institution, the court may not
award a deficiency judgment to the judgment creditor or the beneficiary of the
deed of trust, even if there is a deficiency of the proceeds of the sale and a
balance remaining due the judgment creditor or beneficiary of the deed of trust,
if:
(a) The real property is a single-family dwelling
and the debtor or grantor was the owner of the real property at the time of the
foreclosure sale;
(b) The debtor or grantor used the amount for
which the real property was secured by the mortgage or deed of trust to
purchase the real property;
(c) The debtor or grantor continuously occupied
the real property as the debtors or grantors principal residence after
securing the mortgage or deed of trust; and
(d) The debtor or grantor did not refinance the
mortgage or deed of trust after securing it.
4. For purposes of an action against a
guarantor, surety or other obligor of an indebtedness or obligation secured by
a mortgage or lien upon real property pursuant to NRS 40.495 , the term application
includes, without limitation, a complaint or other pleading to collect the
indebtedness or obligation which is filed before the date and time of the
foreclosure sale unless a judgment has been entered in such action as provided
in paragraph (b) of subsection 4 of NRS
40.495 .
5. As used in this section, financial
institution has the meaning ascribed to it in NRS 363A.050 .

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