NRS 116.311635 Foreclosure of liens: Providing notice of time and place of sale; service of notice of sale; contents of notice of sale; proof of service.

638 words·~3 min read·/nv/chapter-116-common-interest-ownership-uniform-act/116-311635·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The association or other person conducting the sale shall also, after the expiration of the 90-day period described in paragraph

(c)of subsection 1 of NRS 116.31162 and before selling the unit, give notice of the time and place of the sale by recording the notice of sale and by:

(a)Posting a similar notice particularly describing the unit, for 20 days consecutively, in a public place in the county where the unit is situated;

(b)Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the unit is situated;

(c)Notifying the unit’s owner or his or her successor in interest as follows:

(1)A copy of the notice of sale must be mailed, on or before the date of first publication or posting, by certified or registered mail, return receipt requested, to the unit’s owner or his or her successor in interest at his or her address, if known, and to the address of the unit; and

(2)A copy of the notice of sale must be served, on or before the date of first publication or posting, in the manner set forth in subsection 2; and

(d)Mailing, on or before the date of first publication or posting, a copy of the notice by certified mail to:

(1)Each person entitled to receive a copy of the notice of default and election to sell notice under subsection 1 of NRS 116.31163 ;

(2)The holder of a security interest recorded before the mailing of the notice of sale, at the address of the holder that is provided pursuant to NRS 657.110 on the Internet website maintained by the Division of Financial Institutions of the Department of Business and Industry; and

(3)The Ombudsman.

2. In addition to the requirements set forth in subsection 1, a copy of the notice of sale must be served:

(a)By a person who is 18 years of age or older and who is not a party to or interested in the sale by personally delivering a copy of the notice of sale to an occupant of the unit who is of suitable age; or

(b)By posting a copy of the notice of sale in a conspicuous place on the unit.

3. Any copy of the notice of sale required to be served pursuant to this section must include:

(a)The amount necessary to satisfy the lien as of the date of the proposed sale; and

(b)The following warning in 14-point bold type:

WARNING! A SALE OF YOUR PROPERTY IS IMMINENT! UNLESS YOU PAY THE AMOUNT SPECIFIED IN THIS NOTICE BEFORE THE SALE DATE, YOU COULD LOSE YOUR HOME, EVEN IF THE AMOUNT IS IN DISPUTE. YOU MUST ACT BEFORE THE SALE DATE. IF YOU HAVE ANY QUESTIONS, PLEASE CALL (name and telephone number of the contact person for the association). IF YOU NEED ASSISTANCE, PLEASE CALL THE FORECLOSURE SECTION OF THE OMBUDSMAN’S OFFICE, NEVADA REAL ESTATE DIVISION, AT (toll-free telephone number designated by the Division) IMMEDIATELY.

4. Proof of service of any copy of the notice of sale required to be served pursuant to this section must consist of:

(a)A certificate of mailing which evidences that the notice was mailed through the United States Postal Service; or

(b)An affidavit of service signed by the person who served the notice stating:

(1)The time of service, manner of service and location of service; and

(2)The name of the person served or, if the notice was not served on a person, a description of the location where the notice was posted on the unit.