Nevada § 40.439 - Limitations on foreclosure sales involving certain members of military or dependents

§ 40.439. Limitations on foreclosure sales involving certain members of military or dependents

1. Notwithstanding any other provision of law and except as otherwise ordered by a

court of competent jurisdiction, if a borrower is a servicemember or, in accordance

with subsection 5, a dependent of a servicemember, a person shall not initiate or

direct or authorize another person to initiate a foreclosure 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. Except as otherwise provided in subsection 3, in any civil action for a foreclosure

sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan that

is filed against a servicemember or, in accordance with subsection 5, a dependent

of a servicemember, while the servicemember is on active duty or deployment or during

the 1-year period immediately following the end of such active duty or deployment,

the court may, on its own motion after a hearing, or shall, on a motion or on behalf

of the servicemember or dependent of the servicemember, as applicable, do one or both

of the following: (a) Stay the proceedings in the action until at least 1 year after the end of the

servicemember's active duty or deployment; or (b) Adjust the obligation to preserve the interests of the parties. 3. The provisions of subsection 2 do not apply if the court determines that the ability

of the servicemember or dependent of the servicemember to comply with the terms of

the obligation secured by the residential mortgage loan is not materially affected

by the servicemember's active duty or deployment. 4. The provisions of this section apply only to a residential mortgage loan that was

secured by a servicemember or, in accordance with subsection 5, a dependent of a servicemember,

before the servicemember was called to active duty or deployment. 5. 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 residential mortgage loan is materially

affected by the servicemember's active duty or deployment. 6. Except as otherwise provided in subsection 7, any person who knowingly initiates

or directs or authorizes another person to initiate a foreclosure 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. The provisions of subsection 6 do not apply to a trustee who initiates a foreclosure

sale pursuant to the direction or authorization of another person. 8. 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 or directed or authorized

another person to initiate the foreclosure sale. 9. 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. 10. 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) “Borrower” has the meaning ascribed to it in NRS 107.410 . (c) “Dependent” has the meaning ascribed to it in 50 U.S.C. § 3911 . (d) “ 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. (e) “ Initiate a foreclosure sale ” means to commence a civil action for a foreclosure sale pursuant to NRS 40.430 or, in the case of the exercise of a trustee's power of sale pursuant to NRS 107.080 and 107.0805 , to execute and cause to be recorded in the office of the county recorder a notice

of the breach and of the election to sell or cause to be sold the property pursuant

to paragraph (b) of subsection 2 of NRS 107.080 and paragraph (b) of subsection 1 of NRS 107.0805 . (f) “ Military ” means the Armed Forces of the United States, a reserve component thereof or the

National Guard. (g) “Residential mortgage loan” has the meaning ascribed to it in NRS 107.450 . (h) “ Servicemember ” means a member of the military. (i) “Trustee” means a person described in NRS 107.028 .