Nevada § 40.459 - Limitations on amount of money judgment
Full text of Nevada Nevada Revised Statutes § 40.459 — Limitations on amount of money judgment, with citation guidance and answers to common questions.
§ 40.459. Limitations on amount of money judgment
1. After the hearing, the court shall award a money judgment against the debtor, guarantor
or surety who is personally liable for the debt. 2. Except as otherwise provided in subsection 3, the court shall not render judgment
for more than: (a) The amount by which the amount of the indebtedness which was secured exceeds the
fair market value of the property sold at the time of the sale, with interest from
the date of the sale; or (b) The amount which is the difference between the amount for which the property was
actually sold and the amount of the indebtedness which was secured, with interest
from the date of sale, whichever is the lesser amount. 3. If the debt was secured by property upon which the debtor, guarantor or surety
maintains his or her principal residence, there is not more than one residential structure
and not more than four families reside, the court shall not render judgment for more
than: (a) The amount by which the amount of the indebtedness which was secured exceeds the
fair market value of the property sold at the time of the sale, with interest from
the date of the sale; (b) The amount which is the difference between the amount for which the property was
actually sold and the amount of the indebtedness which was secured, with interest
from the date of sale; or (c) If the person seeking the judgment acquired the right to obtain the judgment from
a person who previously held that right, the amount by which the amount of the consideration
paid for that right exceeds the fair market value of the property sold at the time
of sale or the amount for which the property was actually sold, whichever is greater,
with interest from the date of sale and reasonable costs, whichever is the lesser amount. 4. For the purposes of this section, the “ amount of the indebtedness ” does not include any amount received by, or payable to, the judgment creditor or
beneficiary of the deed of trust pursuant to an insurance policy to compensate the
judgment creditor or beneficiary for any losses incurred with respect to the property
or the default on the debt.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 40.459
What does Nevada Revised Statutes § 40.459 cover?
Section 40.459 ("Limitations on amount of money judgment") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 40.459?
A common citation format is "Nevada Revised Statutes § 40.459" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 40.459 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.