reglab/housing_qa huggingface dataset:
NV Rev Stat § 40.400 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.400 - Rules of practice.

The provisions of NRS, Nevada Rules of Civil Procedure, Justice Court Rules of Civil Procedure and Nevada Rules of Appellate Procedure relative to civil actions, appeals and new trials, so far as they are not inconsistent with the provisions of NRS 40.220 to 40.420, inclusive, apply to the proceedings mentioned in those sections.  [1911 CPA § 661; RL § 5603; NCL § 9150] — (NRS A 2015, 3125)
NV Rev Stat § 40.416 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.416 - Recovery of possession by occupant who has been locked out of dwelling: Filing of verified complaint for reentry; trial; issuance of writ of restitution if lockout was unjustified; appeal; failure to comply constitutes contempt.

  1. If the owner of a dwelling or an authorized representative of the owner locks an occupant out of the dwelling pursuant to NRS 40.412, the occupant may recover possession of the dwelling as provided in this section.  2. The occupant must file with the justice court of the township in which the dwelling is located a verified complaint for reentry, specifying:  (a) The facts of the lockout by the owner of the dwelling or the authorized representative of the owner; and  (b) The legal basis upon which reentry into the dwelling is warranted.  3. The court shall, after notice to both parties, hold a trial on the occupant’s verified complaint for reentry not later than 10 judicial days after the date on which the occupant files the verified complaint for reentry.  4. If the court finds that an unjustified lockout has occurred, the court must issue a writ of restitution, restoring possession of the dwelling to the occupant.  5. A party may appeal from the court’s judgment at the trial on the verified complaint for reentry in the same manner as a party may appeal a judgment in an action for forcible detainer.  6. If the owner of the dwelling or the person on whom a writ of restitution is served fails to immediately comply with the writ or later disobeys the writ, the failure is grounds for contempt of court against the owner or the person on whom the writ was served, under chapter 22 of NRS.  7. This section does not affect:  (a) The right of any party to pursue a separate cause of action under this chapter or chapter 118A of NRS if the court finds that a landlord and tenant relationship exists between the parties; or  (b) The rights of an owner or occupant in a forcible detainer, unlawful detainer or forcible entry and detainer action.  (Added to NRS by 2015, 3117)
NV Rev Stat § 40.420 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.420 - Form of writ of restitution; execution.

  1. The writ of restitution issued by a justice of the peace must be substantially in the following form: The State of Nevada to the sheriff or constable of the county of ................, greeting: Whereas, A.B., of the county of ................, at a court of inquiry of an unlawful holding over of (lands) (tenements) (a mobile home), and other possessions, held at my office (stating the place), in the county aforesaid, on the ........ day of .............., A.D. ....., before me, a justice of the peace for the county aforesaid, by the consideration of the court, has recovered judgment against C.D., to have restitution of (here describe the premises as in the complaint). You are therefore commanded, that taking with you the force of the county, if necessary, you cause C.D. to be immediately removed from the premises, and A.B. to have peaceable restitution of the premises. You are also commanded that of the goods and chattels of C.D., within said county, which are not exempt from execution, you cause to be made the sum of ........ dollars for the plaintiff, together with the costs of suit endorsed hereon, and make return of this writ within 30 days after this date. Given under my hand, this ........ day of ........, A.D. ..... E.F., justice of the peace.  2. The sheriff or constable shall execute the writ in the same manner as required by the provisions of chapter 21 of NRS for writs of execution.  [1911 CPA § 663; RL § 5605; NCL § 9152] — (NRS A 1969, 264; 1989, 1144)
NV Rev Stat § 40.425 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.425 - Notice of execution on writ of restitution.

  1. Execution on the writ of restitution may occur only if the sheriff serves the judgment debtor with notice of the execution and a copy of the writ in the manner described in NRS 21.076. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions. The clerk of the court shall attach the notice to the writ at the time the writ is issued.  2. The notice required pursuant to subsection 1 must be in the form and served in the manner provided for execution on judgments pursuant to NRS 21.075 and 21.076.  (Added to NRS by 1989, 1144)
NV Rev Stat § 40.426 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.426 - Definitions.

As used in NRS 40.426 to 40.495, inclusive, unless the context otherwise requires, the words and terms defined in NRS 40.427, 40.428 and 40.429 have the meanings ascribed to them in those sections.  (Added to NRS by 2015, 3336; A 2017, 1115; 2019, 3181)
NV Rev Stat § 40.427 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.427 - "Foreclosure sale" defined.

Foreclosure sale means the sale of real property to enforce an obligation secured by a mortgage or lien on the property, including the exercise of a trustee’s power of sale pursuant to NRS 107.080.  (Added to NRS by 2015, 3336)
NV Rev Stat § 40.428 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.428 - Mortgage or other lien" defined.

Mortgage or other lien includes a deed of trust, but does not include a lien which arises pursuant to chapter 108 of NRS, pursuant to an assessment under chapter 116, 116B, 117, 119A or 278A of NRS or pursuant to a judgment or decree of any court of competent jurisdiction.  (Added to NRS by 2015, 3336)
NV Rev Stat § 40.429 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.429 - Sale in lieu of a foreclosure sale" defined.

Sale in lieu of a foreclosure sale means a sale of real property pursuant to an agreement between a person to whom an obligation secured by a mortgage or other lien on real property is owed and the debtor of that obligation in which the sales price of the real property is insufficient to pay the full outstanding balance of the obligation and the costs of the sale. The term includes, without limitation, a deed in lieu of a foreclosure sale.  (Added to NRS by 2015, 3336)
NV Rev Stat § 40.435 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.435 - Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense.

  1. The commencement of or participation in a judicial proceeding in violation of NRS 40.430 does not forfeit any of the rights of a secured creditor in any real or personal collateral, or impair the ability of the creditor to realize upon any real or personal collateral, if the judicial proceeding is:  (a) Stayed or dismissed before entry of a final judgment; or  (b) Converted into an action which does not violate NRS 40.430.  2. If the provisions of NRS 40.430 are timely interposed as an affirmative defense in such a judicial proceeding, upon the motion of any party to the proceeding the court shall:  (a) Dismiss the proceeding without prejudice; or  (b) Grant a continuance and order the amendment of the pleadings to convert the proceeding into an action which does not violate NRS 40.430.  3. The failure to interpose, before the entry of a final judgment, the provisions of NRS 40.430 as an affirmative defense in such a proceeding waives the defense in that proceeding. Such a failure does not affect the validity of the final judgment, but entry of the final judgment releases and discharges the mortgage or other lien.  4. As used in this section, "final judgment" means a judgment which imposes personal liability on the debtor for the payment of money and which may be appealed under the Nevada Rules of Appellate Procedure.  (Added to NRS by 1989, 1767)
NV Rev Stat § 40.440 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.440 - Disposition of proceeds of foreclosure sale.

Following a foreclosure sale, the court may cause the proceeds of the foreclosure sale to be paid to the persons entitled to it pursuant to NRS 40.462, and in the meantime may direct it to be deposited in court.  [1911 CPA § 560; RL § 5502; NCL § 9049] — (NRS A 1989, 888, 1769; 2015, 3340)
NV Rev Stat § 40.450 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.450 - Proceedings when debt secured falls due at different times.

If the debt for which the mortgage or other lien on real property is held is not all due, as soon as a sufficient amount of the property has been sold to pay the amount due, with costs, the sale shall cease. Afterwards, as often as more becomes due for principal or interest, the court may, on motion, order more to be sold. However, if the property cannot be sold in portions without injury to the parties, the whole may be ordered to be sold in the first instance, and the entire debt and costs paid, with a rebate of interest where such a rebate is proper.  [1911 CPA § 561; RL § 5503; NCL § 9050] — (NRS A 1989, 1769)
NV Rev Stat § 40.451 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.451 - "Indebtedness" defined.

As used in NRS 40.451 to 40.463, inclusive, "indebtedness" means the principal balance of the obligation secured by a mortgage or other lien on real property, together with all interest accrued and unpaid prior to the time of foreclosure sale, all costs and fees of such a sale, all advances made with respect to the property by the beneficiary, and all other amounts secured by the mortgage or other lien on the real property in favor of the person seeking the deficiency judgment. Such amount constituting a lien is limited to the amount of the consideration paid by the lienholder.  (Added to NRS by 1969, 572; A 1989, 1769)
NV Rev Stat § 40.453 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.453 - Waiver of rights in documents relating to sale of real property against public policy and unenforceable; exception.

Except as otherwise provided in NRS 40.495:  1. It is hereby declared by the Legislature to be against public policy for any document relating to the sale of real property to contain any provision whereby a mortgagor or the grantor of a deed of trust or a guarantor or surety of the indebtedness secured thereby, waives any right secured to the person by the laws of this state.  2. A court shall not enforce any such provision.  (Added to NRS by 1969, 573; A 1973, 911; 1985, 371; 1987, 1643; 1993, 152)
NV Rev Stat § 40.455 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.455 - Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust; exceptions.

  1. Except as otherwise provided in subsection 3, upon application of the judgment creditor or the beneficiary of the deed of trust within 6 months after the date of the foreclosure sale and after the required hearing, the court shall award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if it appears from the sheriff’s return or the recital of consideration in the trustee’s deed that there is a deficiency of the proceeds of the sale and a balance remaining due to the judgment creditor or the beneficiary of the deed of trust, respectively.  2. If the indebtedness is secured by more than one parcel of real property, more than one interest in the real property or more than one mortgage or deed of trust, the 6-month period begins to run after the date of the foreclosure sale of the last parcel or other interest in the real property securing the indebtedness, but in no event may the application be filed more than 2 years after the initial foreclosure sale.  3. If the judgment creditor or the beneficiary of the deed of trust is a financial institution, the court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust, even if there is a deficiency of the proceeds of the sale and a balance remaining due the judgment creditor or beneficiary of the deed of trust, if:  (a) The real property is a single-family dwelling and the debtor or grantor was the owner of the real property at the time of the foreclosure sale;  (b) The debtor or grantor used the amount for which the real property was secured by the mortgage or deed of trust to purchase the real property;  (c) The debtor or grantor continuously occupied the real property as the debtor’s or grantor’s principal residence after securing the mortgage or deed of trust; and  (d) The debtor or grantor did not refinance the mortgage or deed of trust after securing it.  4. For purposes of an action against a guarantor, surety or other obligor of an indebtedness or obligation secured by a mortgage or lien upon real property pursuant to NRS 40.495, the term "application" includes, without limitation, a complaint or other pleading to collect the indebtedness or obligation which is filed before the date and time of the foreclosure sale unless a judgment has been entered in such action as provided in paragraph (b) of subsection 4 of NRS 40.495.  5. As used in this section, "financial institution" has the meaning ascribed to it in NRS 363A.050.  (Added to NRS by 1969, 573; A 1979, 450; 1985, 371; 1987, 1345; 2009, 1330; 2015, 3340)
NV Rev Stat § 40.457 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.457 - Hearing before award of deficiency judgment; appraisal of property sold.

  1. Before awarding a deficiency judgment under NRS 40.455, the court shall hold a hearing and shall take evidence presented by either party concerning the fair market value of the property sold as of the date of foreclosure sale. Notice of such hearing shall be served upon all defendants who have appeared in the action and against whom a deficiency judgment is sought, or upon their attorneys of record, at least 15 days before the date set for hearing.  2. Upon application of any party made at least 10 days before the date set for the hearing the court shall, or upon its own motion the court may, appoint an appraiser to appraise the property sold as of the date of foreclosure sale. Such appraiser shall file with the clerk the appraisal, which is admissible in evidence. The appraiser shall take an oath that the appraiser has truly, honestly and impartially appraised the property to the best of the appraiser’s knowledge and ability. Any appraiser so appointed may be called and examined as a witness by any party or by the court. The court shall fix a reasonable compensation for the appraiser, but the appraiser’s fee shall not exceed similar fees for similar services in the county where the encumbered land is situated.  (Added to NRS by 1969, 573; A 2015, 3341)
NV Rev Stat § 40.458 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.458 - Deficiency judgment: Award to judgment creditor or beneficiary of deed of trust prohibited under certain circumstances.

  1. If the judgment creditor or the beneficiary of the deed of trust who applies for a deficiency judgment is a banking or other financial institution, the court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if:  (a) The real property is a single-family dwelling and the debtor or the grantor of the deed of trust was the owner of the real property at the time of the sale in lieu of a foreclosure sale;  (b) The debtor or grantor used the amount for which the real property was secured by the mortgage or deed of trust to purchase the real property;  (c) The debtor or grantor continuously occupied the real property as the debtor’s or grantor’s principal residence after securing the mortgage or deed of trust;  (d) The debtor or grantor and the banking or other financial institution entered into an agreement to sell the real property secured by the mortgage or deed of trust to a third party for an amount less than the indebtedness secured thereby; and  (e) The agreement entered into pursuant to paragraph (d):  (1) Does not state the amount of money still owed to the banking or other financial institution by the debtor or grantor or does not authorize the banking or other financial institution to recover that amount from the debtor or grantor; and  (2) Contains a conspicuous statement that has been acknowledged by the signature of the banking or other financial institution and the debtor or grantor which provides that the banking or other financial institution has waived its right to recover the amount owed by the debtor or grantor and which sets forth the amount of recovery that is being waived.  2. As used in this section, "banking or other financial institution" means any bank, savings and loan association, savings bank, thrift company, credit union or other financial institution that is licensed, registered or otherwise authorized to do business in this State.  (Added to NRS by 2011, 2051; A 2013, 1016; 2015, 3341)
NV Rev Stat § 40.459 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 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.  (Added to NRS by 1969, 573; A 1985, 371; 1987, 1644; 1989, 1770; 1993, 152; 2011, 1743; 2015, 581)
NV Rev Stat § 40.462 (2021)
2021 Nevada Revised Statutes|Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property|NRS 40.462 - Distribution of proceeds of foreclosure sale.

  1. Except as otherwise provided by specific statute, this section governs the distribution of the proceeds of a foreclosure sale. The provisions of NRS 40.455, 40.457 and 40.459 do not affect the right to receive those proceeds, which vests at the time of the foreclosure sale. The purchase of any interest in the property at the foreclosure sale, and the subsequent disposition of the property, does not affect the right of the purchaser to the distribution of proceeds pursuant to paragraph (c) of subsection 2, or to obtain a deficiency judgment pursuant to NRS 40.455, 40.457 and 40.459.  2. The proceeds of a foreclosure sale must be distributed in the following order of priority:  (a) Payment of the reasonable expenses of taking possession, maintaining, protecting and leasing the property, the costs and fees of the foreclosure sale, including reasonable trustee’s fees, applicable taxes and the cost of title insurance and, to the extent provided in the legally enforceable terms of the mortgage or lien, any advances, reasonable attorney’s fees and other legal expenses incurred by the foreclosing creditor and the person conducting the foreclosure sale.  (b) Satisfaction of the obligation being enforced by the foreclosure sale.  (c) Satisfaction of obligations secured by any junior mortgages or liens on the property, in their order of priority.  (d) Payment of the balance of the proceeds, if any, to the debtor or the debtor’s successor in interest.  If there are conflicting claims to any portion of the proceeds, the person conducting the foreclosure sale is not required to distribute that portion of the proceeds until the validity of the conflicting claims is determined through interpleader or otherwise to the person’s satisfaction.  3. A person who claims a right to receive the proceeds of a foreclosure sale pursuant to paragraph (c) of subsection 2 must, upon the written demand of the person conducting the foreclosure sale, provide:  (a) Proof of the obligation upon which the claimant claims a right to the proceeds; and  (b) Proof of the claimant’s interest in the mortgage or lien, unless that proof appears in the official records of a county in which the property is located.  Such a demand is effective upon personal delivery or upon mailing by registered or certified mail, return receipt requested, to the last known address of the claimant. Failure of a claimant to provide the required proof within 15 days after the effective date of the demand waives the claimant’s right to receive those proceeds.  (Added to NRS by 1989, 887; A 2015, 3342)