Nevada § 116.311625 - Foreclosure of liens: Limitations, requirements and procedures applicable to servicemembers and their dependents; penalty; liability; tolling

§ 116.311625. Foreclosure of liens: Limitations, requirements and procedures applicable to servicemembers and their dependents; penalty; liability; tolling

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. §§ 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: (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 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.