The Court affirmed the district court’s order granting the motion to dismiss and determined that deed of trust trustees engaged in nonjudicial foreclosure would not be required to be licensed. The Court settled the conflicting provisions of NRS 107 governing the nonjudicial foreclosure process and NRS 649 governing agencies engaged in debt collection in Nevada by determining the comprehensive and specific scheme of NRS 107 for deed of trust trustees exercised authority over the generalized nature of NRS 649 governing debt collecting agency licensing requirements for nonjudicial foreclosures.Therefore, under NRS 107 deed of trust trustees are not required to be licensed for nonjudicial foreclosures.
Davenport, Elizabeth, "Benko v. Quality Loan Serv. Corp. 135 Nev. Adv. Op. 64 (Dec. 26, 2019)" (2020). Nevada Supreme Court Summaries. 1279.