Document Type
Case Summary
Publication Date
10-2-2023
Case Synopsis
The Nevada Supreme Court affirmed the district court’s grant of summary judgment in a quiet title action disputing the ownership of real property. The Court held that, for the purposes of NRS 106.240, a Notice of Default is not sufficient to make a secured debt wholly due for the following reasons: (1) the plain language of the statute requires an interpretation of whether a debt is wholly due according to the original terms and any extensions, (2) state law requires a waiting period after a Notice of Default has been recorded before the debt can be accelerated, and accelerations of a debt must be clear and unequivocal, and (3) policy reasons behind the statute do not support its application to Notices of Default.
Recommended Citation
Ciesielski, Cadence, "LV Debt Collect v. Bank of N.Y. Mellon, 139 Nev. Adv. Op. 25 (Aug. 24, 2023)" (2023). Nevada Supreme Court Summaries. 1586.
https://scholars.law.unlv.edu/nvscs/1586