reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 107 - Deeds of Trust › NRS 107.520 - Application for foreclosure prevention alternative; acknowledgment of receipt required; contents of acknowledgment; deficiencies in application.

1. Not later than 5 business days after receiving an application for a foreclosure prevention alternative or any document in connection with such an application, a mortgage servicer, mortgagee or beneficiary of the deed of trust shall send to the borrower written acknowledgment of the receipt of the application or document.
2. The mortgage servicer, mortgagee or beneficiary of the deed of trust shall include in the initial acknowledgment of receipt of an application for a foreclosure prevention alternative:
(a) A description of the process for considering the application, including, without limitation, a statement that:
(1) The mortgage servicer, mortgagee or beneficiary must either deny the application for a foreclosure prevention alternative or submit a written offer for a foreclosure prevention alternative within 30 calendar days after the borrower submits a complete application for a foreclosure prevention alternative; and
(2) If the mortgage servicer, mortgagee or beneficiary submits to the borrower a written offer for a foreclosure prevention alternative, the borrower must accept or reject the offer within 14 calendar days after the borrower receives the offer, and the offer is deemed to be rejected if the borrower does not accept or reject the offer within 14 calendar days after the borrower receives the offer;
(b) A statement of any deadlines that affect the processing of an application for a foreclosure prevention alternative, including, without limitation, the deadline for submitting any missing documentation; and
(c) A statement of the expiration dates for any documents submitted by the borrower.
3. If a borrower submits an application for a foreclosure prevention alternative but does not initially submit all the documents or information required to complete the application, the mortgage servicer must:
(a) Include in the initial acknowledgment of receipt of the application required by subsection 2 a statement of any deficiencies in the borrower’s application; and
(b) Allow the borrower not less than 30 calendar days to submit any documents or information required to complete the application.
(Added to NRS by 2013, 2189)
2023 Nevada Revised Statutes › Chapter 107 - Deeds of Trust › NRS 107.540 - Single point of contact required to be established by mortgage servicer for foreclosure prevention alternative; responsibilities.

1. If a borrower requests a foreclosure prevention alternative, the mortgage servicer must promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.
2. A single point of contact is responsible for:
(a) Communicating the process by which a borrower may apply for an available foreclosure prevention alternative and the deadline for any required submissions to be considered for the foreclosure prevention alternatives.
(b) Coordinating receipt of all documents associated with the available foreclosure prevention alternatives and notifying the borrower of any missing documents necessary to complete an application for a foreclosure prevention alternative.
(c) Having access to current information and personnel sufficient to timely, accurately and adequately inform the borrower of the current status of the foreclosure prevention alternative.
(d) Ensuring that the borrower is considered for all foreclosure prevention alternatives offered by, or through, the mortgage servicer and for which the borrower is or may be eligible.
(e) Having access to a person or persons with the ability and authority to stop the foreclosure process when necessary.
3. A single point of contact must remain assigned to the borrower’s account until the mortgage servicer determines that all foreclosure prevention alternatives offered by, or through, the mortgage servicer have been exhausted or the borrower’s account becomes current.
4. The mortgage servicer shall ensure that a single point of contact refers and transfers a borrower to an appropriate supervisor upon request of the borrower, if the single point of contact has a supervisor.
5. If the responsibilities of a single point of contact are performed by a team of personnel, the mortgage servicer must ensure that each member of the team is knowledgeable about the borrower’s situation and current status in the process of seeking a foreclosure prevention alternative.
6. As used in this section, "single point of contact" means a natural person or a team of personnel each of whom has the ability and authority to perform the responsibilities described in this section.
(Added to NRS by 2013, 2192)
2023 Nevada Revised Statutes › Chapter 107 - Deeds of Trust › NRS 107.550 - Dismissal of civil action for foreclosure sale, rescission of notice of default and election to sell or notice of sale and cancellation of pending foreclosure sale required in certain circumstances; effect on mortgagee or beneficiary of deed of trust.

1. A civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan must be dismissed without prejudice, any notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 or any notice of sale recorded pursuant to subsection 4 of NRS 107.080 must be rescinded, and any pending foreclosure sale must be cancelled, if:
(a) The borrower accepts a permanent foreclosure prevention alternative;
(b) A notice of sale is not recorded within 9 months after the notice of default and election to sell is recorded pursuant to subsection 2 of NRS 107.080; or
(c) A foreclosure sale is not conducted within 90 calendar days after a notice of sale is recorded pursuant to subsection 4 of NRS 107.080.
2. The periods specified in paragraphs (b) and (c) of subsection 1 are tolled:
(a) If a borrower has filed a case under 11 U.S.C. Chapter 7, 11, 12 or 13, until the bankruptcy court enters an order closing or dismissing the bankruptcy case or granting relief from a stay of foreclosure or trustee’s sale;
(b) If mediation pursuant to NRS 107.086 is required, until the date on which Home Means Nevada, Inc., or its successor organization, issues the certificate pursuant to NRS 107.086 that mediation has been completed in the matter;
(c) If mediation pursuant to NRS 40.437 is required or if a court orders participation in a settlement program, until the date on which the mediation or participation in a settlement program is terminated; or
(d) If a borrower has submitted an application for a foreclosure prevention alternative, until the date on which:
(1) A written offer for a foreclosure prevention alternative is submitted to the borrower;
(2) A written statement of the denial of the application has been submitted to the borrower pursuant to subsection 4 of NRS 107.530, and any appeal period pursuant to subsection 5 of NRS 107.530 has expired; or
(3) If the borrower has appealed the denial of an application for a foreclosure prevention alternative, a written offer for a foreclosure prevention alternative or a written denial of the appeal is submitted to the borrower.
3. If, pursuant to subsection 1, a civil action is dismissed, a notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 or any notice of sale recorded pursuant to subsection 4 of NRS 107.080 is rescinded, or any pending foreclosure sale is cancelled, the mortgagee or beneficiary of the deed of trust is thereupon restored to its former position and has the same rights as though an action for a judicial foreclosure had not been commenced or a notice of default and election to sell had not been recorded.
(Added to NRS by 2013, 2193; A 2015, 3328; 2017, 4098, 4105, 4106)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.110 - "Person" defined.

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity.
(Added to NRS by 2007, 298)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.140 - "Rents" defined.

"Rents" means:
1. Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
2. Sums payable to an assignor under a policy of rental interruption insurance covering real property;
3. Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;
4. Sums payable to terminate an agreement to possess or occupy real property of another person;
5. Sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or
6. Any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this State other than this chapter.
(Added to NRS by 2007, 298)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.180 - "Sign" defined.

"Sign" means, with present intent to authenticate or adopt a document:
1. To execute or adopt a tangible symbol; or
2. To attach to or logically associate with the document an electronic sound, symbol or process.
(Added to NRS by 2007, 299)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.200 - "Submit for recording" defined.

"Submit for recording" means to submit a document complying with applicable legal standards, with required fees and taxes, to the appropriate governmental office pursuant to NRS 111.310 to 111.3655, inclusive.
(Added to NRS by 2007, 299; A 2015, 476; 2017 3033)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.220 - Manner of giving notification.

1. Except as otherwise provided in subsections 3 and 4, a person gives a notification or a copy of a notification under this chapter:
(a) By depositing it with the United States Postal Service or with a commercially reasonable delivery service, properly addressed to the intended recipient’s address as specified in subsection 2, with first-class postage or cost of delivery provided for; or
(b) If the recipient agreed to receive notification by facsimile transmission, electronic mail or other electronic transmission, by sending it to the recipient in the agreed manner at the address specified in the agreement.
2. The following rules determine the proper address for giving a notification under subsection 1:
(a) A person giving a notification to an assignee shall use the address for notices to the assignee provided in the document creating the assignment of rents, but if the assignee has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.
(b) A person giving a notification to an assignor shall use the address for notices to the assignor provided in the document creating the assignment of rents, but if the assignor has provided the person giving the notification with a more recent address for notices, the person giving the notification shall use that address.
(c) If a tenant’s agreement with an assignor provides an address for notices to the tenant and the person giving notification has received a copy of the agreement or knows the address for notices specified in the agreement, the person giving the notification shall use that address in giving a notification to the tenant. Otherwise, the person shall use the address of the premises covered by the agreement.
3. If a person giving a notification pursuant to this chapter and the recipient have agreed to the method for giving a notification, any notification must be given by that method.
4. If a notification is received by the recipient, it is effective even if it was not given in accordance with subsection 1 or 3.
(Added to NRS by 2007, 299)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.230 - Security instrument creates assignment of rents; assignment of rents creates security interest.

1. An enforceable security instrument creates an assignment of rents arising from the real property described in the security instrument, unless the security instrument provides otherwise.
2. An assignment of rents creates a presently effective security interest in all accrued and unaccrued rents arising from the real property described in the document creating the assignment, regardless of whether the document is in the form of an absolute assignment, an absolute assignment conditioned upon default, an assignment as additional security or any other form. The security interest in rents is separate and distinct from any security interest held by the assignee in the real property.
(Added to NRS by 2007, 300)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.240 - Recordation; perfection of security interest in rents; priority of conflicting interests in rents.

1. A document creating an assignment of rents may be submitted for recording in the office of the recorder of the county in which the real property is located in the same manner as any other document evidencing a conveyance of an interest in real property.
2. Upon recording, the security interest in rents created by an assignment of rents is fully perfected, even if a provision of the document creating the assignment or law of this State other than this chapter would preclude or defer enforcement of the security interest until the occurrence of a subsequent event, including, without limitation, a subsequent default of the assignor, the assignee’s obtaining possession of the real property or the appointment of a receiver.
3. Except as otherwise provided in subsection 4, a perfected security interest in rents takes priority over the rights of a person that, after the security interest is perfected:
(a) Acquires a judicial lien against the rents or the real property from which the rents arise; or
(b) Purchases an interest in the rents or the real property from which the rents arise.
4. A perfected security interest in rents has priority over the rights of a person described in subsection 3 with respect to future advances to the same extent as the assignee’s security interest in the real property has priority over the rights of that person with respect to future advances.
(Added to NRS by 2007, 300)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.250 - Enforcement of security interest in rents.

1. An assignee may enforce an assignment of rents using one or more of the methods specified in NRS 107A.260, 107A.270 and 107A.280 or any other method sufficient to enforce the assignment under law of this State other than this chapter.
2. From the date of enforcement, the assignee or, in the case of enforcement by appointment of a receiver under NRS 107A.260, the receiver is entitled to collect all rents that:
(a) Have accrued but remain unpaid on that date; and
(b) Accrue on or after that date, as those rents accrue.
(Added to NRS by 2007, 300)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.260 - Enforcement by appointment of receiver.

1. An assignee is entitled to the appointment of a receiver for the real property subject to the assignment of rents if:
(a) The assignor is in default and:
(1) The assignor has agreed in a signed document to the appointment of a receiver in the event of the assignor’s default;
(2) It appears likely that the real property may not be sufficient to satisfy the secured obligation;
(3) The assignor has failed to turn over to the assignee proceeds that the assignee was entitled to collect; or
(4) A subordinate assignee of rents obtains the appointment of a receiver for the real property; or
(b) Other circumstances exist that would justify the appointment of a receiver under law of this State other than this chapter.
2. An assignee may file a petition for the appointment of a receiver in connection with an action:
(a) To foreclose the security instrument;
(b) For specific performance of the assignment;
(c) Seeking a remedy on account of waste or threatened waste of the real property subject to the assignment; or
(d) Otherwise to enforce the secured obligation or the assignee’s remedies arising from the assignment.
3. An assignee that files a petition under subsection 2 shall also give a copy of the petition in the manner specified in NRS 107A.220 to any other person that, 10 days before the date the petition is filed, held a recorded assignment of rents arising from the real property.
4. If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the court enters an order appointing a receiver for the real property subject to the assignment.
5. From the date of its appointment, a receiver is entitled to collect rents as provided in subsection 2 of NRS 107A.250. The receiver also has the authority provided in the order of appointment and law of this State other than this chapter.
6. The following rules govern priority among receivers:
(a) If more than one assignee qualifies under this section for the appointment of a receiver, a receivership requested by an assignee entitled to priority in rents under this chapter has priority over a receivership requested by a subordinate assignee, even if a court has previously appointed a receiver for the subordinate assignee.
(b) If a subordinate assignee obtains the appointment of a receiver, the receiver may collect the rents and apply the proceeds in the manner specified in the order appointing the receiver until a receiver is appointed under a senior assignment of rents.
(Added to NRS by 2007, 300)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.270 - Enforcement by notification to assignor.

1. Upon the assignor’s default, or as otherwise agreed by the assignor, the assignee may give the assignor a notification demanding that the assignor pay over the proceeds of any rents that the assignee is entitled to collect under NRS 107A.250. The assignee shall also give a copy of the notification to any other person that, 10 days before the notification date, held a recorded assignment of rents arising from the real property.
2. If an assignee enforces an assignment of rents under this section, the date of enforcement is the date on which the assignor receives a notification under subsection 1.
3. An assignee’s failure to give a notification under subsection 1 to any person holding a recorded assignment of rents does not affect the effectiveness of the notification as to the assignor, but the other person is entitled to any relief permitted under law of this State other than this chapter.
4. An assignee that holds a security interest in rents solely by virtue of subsection 1 of NRS 107A.230 may not enforce the security interest under this section while the assignor occupies the real property as the assignor’s primary residence.
(Added to NRS by 2007, 301)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.300 - Effect of enforcement.

The enforcement of an assignment of rents by one or more of the methods identified in NRS 107A.260, 107A.270 and 107A.280, the application of proceeds by the assignee under NRS 107A.310 after enforcement, the payment of expenses under NRS 107A.320 or an action under subsection 3 of NRS 107A.330 does not:
1. Make the assignee a mortgagee in possession of the real property;
2. Make the assignee an agent of the assignor;
3. Constitute an election of remedies that precludes a later action to enforce the secured obligation;
4. Make the secured obligation unenforceable;
5. Limit any right available to the assignee with respect to the secured obligation; or
6. Violate the provisions of NRS 40.430.
(Added to NRS by 2007, 304)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.310 - Application of proceeds.

Unless otherwise agreed, an assignee that collects rents under this chapter or collects upon a judgment in an action under subsection 3 of NRS 107A.330 shall apply the sums collected in the following order to:
1. The assignee’s reasonable expenses of enforcing its assignment of rents, including, without limitation, to the extent provided for by agreement and not prohibited by law of this State other than this chapter, reasonable attorney’s fees and costs incurred by the assignee;
2. Reimbursement of any expenses incurred by the assignee to protect or maintain the real property subject to the assignment;
3. Payment of the secured obligation;
4. Payment of any obligation secured by a subordinate security interest or other lien on the rents if, before distribution of the proceeds, the assignor and assignee receive a notification from the holder of the interest or lien demanding payment of the proceeds; and
5. The assignor.
(Added to NRS by 2007, 305)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.320 - Application of proceeds to expenses of protecting real property; claims and defenses of tenant.

1. Unless otherwise agreed by the assignee, and subject to subsection 3, an assignee that collects rents following enforcement under NRS 107A.270 or 107A.280 need not apply them to the payment of expenses of protecting or maintaining the real property subject to the assignment.
2. Unless a tenant has made an enforceable agreement not to assert claims or defenses, the right of the assignee to collect rents from the tenant is subject to the terms of the agreement between the assignor and tenant and any claim or defense arising from the assignor’s nonperformance of that agreement.
3. This chapter does not limit the standing or right of a tenant to request a court to appoint a receiver for the real property subject to the assignment or to seek other relief on the ground that the assignee’s nonpayment of expenses of protecting or maintaining the real property has caused or threatened harm to the tenant’s interest in the property. Whether the tenant is entitled to the appointment of a receiver or other relief is governed by law of this State other than this chapter.
(Added to NRS by 2007, 305)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.330 - Turnover of rents; commingling and identifiability of rents; liability of assignor.

1. If an assignor collects rents that the assignee is entitled to collect under this chapter:
(a) The assignor shall turn over the proceeds to the assignee, less any amount representing payment of expenses authorized by the assignee; and
(b) The assignee continues to have a security interest in the proceeds so long as they are identifiable.
2. For purposes of this chapter, cash proceeds are identifiable if they are maintained in a segregated account or, if commingled with other funds, to the extent the assignee can identify them by a method of tracing, including, without limitation, application of equitable principles, that is permitted under law of this State other than this chapter with respect to commingled funds.
3. In addition to any other remedy available to the assignee under law of this State other than this chapter, if an assignor fails to turn over proceeds to the assignee as required by subsection 1, the assignee may recover from the assignor in a civil action:
(a) The proceeds, or an amount equal to the proceeds, that the assignor was obligated to turn over under subsection 1; and
(b) Reasonable attorney’s fees and costs incurred by the assignee to the extent provided for by agreement and not prohibited by law of this State other than this chapter.
4. The assignee may maintain an action under subsection 3 without bringing an action to foreclose any security interest that it may have in the real property. Any sums recovered in the action must be applied in the manner specified in NRS 107A.310.
5. Unless otherwise agreed, if an assignee entitled to priority under subsection 3 of NRS 107A.240 enforces its interest in rents after another creditor holding a subordinate security interest in rents has enforced its interest under NRS 107A.270 or 107A.280, the creditor holding the subordinate security interest in rents is not obligated to turn over any proceeds that it collects in good faith before the creditor receives notification that the senior assignee has enforced its interest in rents. The creditor shall turn over to the senior assignee any proceeds that it collects after it receives the notification.
6. As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(Added to NRS by 2007, 305)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.340 - Perfection and priority of assignee’s security interest in proceeds.

1. An assignee’s security interest in identifiable cash proceeds is perfected if its security interest in rents is perfected. An assignee’s security interest in identifiable noncash proceeds is perfected only if the assignee perfects that interest in accordance with Article 9.
2. Except as otherwise provided in subsection 3, priority between an assignee’s security interest in identifiable proceeds and a conflicting interest is governed by the priority rules in Article 9.
3. An assignee’s perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest that is perfected by control under Article 9 but has priority over a conflicting interest that is perfected other than by control.
4. As used in this section:
(a) "Article 9" means NRS 104.9101 to 104.9709, inclusive, or, to the extent applicable to any particular issue, Article 9 of the Uniform Commercial Code as adopted by the state whose laws govern that issue under the choice-of-laws rules contained in NRS 104.9101 to 104.9709, inclusive.
(b) "Conflicting interest" means an interest in proceeds, held by a person other than an assignee, that is:
(1) A security interest arising under Article 9; or
(2) Any other interest if Article 9 resolves the priority conflict between that person and a secured party with a conflicting security interest in the proceeds.
(Added to NRS by 2007, 306)
2023 Nevada Revised Statutes › Chapter 107A - Assignment of Rents (Uniform Act) › NRS 107A.370 - Relation to Electronic Signatures in Global and National Commerce Act.

This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).
(Added to NRS by 2007, 307)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.221 - Definitions.

As used in NRS 108.221 to 108.246, inclusive, unless the context otherwise requires, the words and terms defined in NRS 108.22104 to 108.22188, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1965, 1159; A 1993, 2055; 1995, 1506; 2003, 2595; 2005, 1897)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22104 - "Agent of the owner" defined.

"Agent of the owner" means every architect, builder, contractor, engineer, geologist, land surveyor, lessee, miner, subcontractor or other person having charge or control of the property, improvement or work of improvement of the owner, or any part thereof.
(Added to NRS by 2003, 2587)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22112 - "Commencement of construction" defined.

"Commencement of construction" means the date on which:
1. Work performed; or
2. Materials or equipment furnished in connection with a work of improvement,
is visible from a reasonable inspection of the site.
(Added to NRS by 2003, 2587)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22116 - "Completion of the work of improvement" defined.

"Completion of the work of improvement" means:
1. The occupation or use by the owner, an agent of the owner or a representative of the owner of the work of improvement, accompanied by the cessation of all work on the work of improvement;
2. The acceptance by the owner, an agent of the owner or a representative of the owner of the work of improvement, accompanied by the cessation of all work on the work of improvement; or
3. The cessation of all work on a work of improvement for 30 consecutive days, provided a notice of completion is timely recorded and served and the work is not resumed under the same contract.
(Added to NRS by 2003, 2587)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22128 - "Improvement" defined.

"Improvement" means the development, enhancement or addition to property, by the provision of work, materials or equipment. The term includes, without limitation:
1. A building, railway, tramway, toll road, canal, water ditch, flume, aqueduct, reservoir, bridge, fence, street, sidewalk, fixtures or other structure or superstructure;
2. A mine or a shaft, tunnel, adit or other excavation, designed or used to prospect, drain or work a mine;
3. A system for irrigation, plants, sod or other landscaping;
4. The demolition or removal of existing improvements, trees or other vegetation;
5. The drilling of test holes;
6. Grading, grubbing, filling or excavating;
7. Constructing or installing sewers or other public utilities; and
8. Constructing a vault, cellar or room under sidewalks or making improvements to the sidewalks in front of or adjoining the property.
(Added to NRS by 2003, 2588)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22132 - "Lien" defined.

"Lien" means the statutory rights and security interest in a construction disbursement account established pursuant to NRS 108.2403, or property or any improvements thereon provided to a lien claimant by NRS 108.221 to 108.246, inclusive.
(Added to NRS by 2003, 2588; A 2005, 1897)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.2214 - "Lien claimant" defined.

"Lien claimant" means any person who provides work, material or equipment with a value of $500 or more to be used in or for the construction, alteration or repair of any improvement, property or work of improvement. The term includes, without limitation, every artisan, builder, potential claimant under NRS 608.150, contractor, laborer, lessor or renter of equipment, materialman, miner, subcontractor or other person who provides work, material or equipment, and any person who performs services as an architect, engineer, land surveyor or geologist, in relation to the improvement, property or work of improvement.
(Added to NRS by 2003, 2588; A 2007, 660; 2015, 1932; 2017, 1210)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22144 - "Material" defined.

"Material" means appliances, equipment, machinery and substances affixed, used or to be used, consumed or incorporated in the improvement of property or the construction, alteration or repair of any improvement, property or work of improvement.
(Added to NRS by 2003, 2588; A 2005, 1897)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22148 - "Owner" defined.

1. "Owner" includes:
(a) The record owner or owners of the property or an improvement to the property as evidenced by a conveyance or other instrument which transfers that interest to the record owner or owners and is recorded in the office of the county recorder in which the improvement or the property is located;
(b) The reputed owner or owners of the property or an improvement to the property;
(c) The owner or owners of the property or an improvement to the property, as shown on the records of the county assessor for the county where the property or improvement is located;
(d) The person or persons whose name appears as owner of the property or an improvement to the property on the building permit;
(e) A person who claims an interest in or possesses less than a fee simple estate in the property;
(f) This State or a political subdivision of this State, including, without limitation, an incorporated city or town, that owns the property or an improvement to the property if the property or improvement is used for a private or nongovernmental use or purpose; or
(g) A person described in paragraph (a), (b), (c), (d) or (e) who leases the property or an improvement to the property to this State or a political subdivision of this State, including, without limitation, an incorporated city or town, if the property or improvement is privately owned.
2. The term does not include:
(a) A mortgagee;
(b) A trustee or beneficiary of a deed of trust;
(c) The owner or holder of a lien encumbering the property or an improvement to the property; or
(d) Except as otherwise provided in paragraph (f) of subsection 1, this State or a political subdivision of this State, including, without limitation, an incorporated city or town.
(Added to NRS by 2003, 2588; A 2005, 1897)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22156 - "Prevailing lien claimant" defined.

"Prevailing lien claimant" means a lien claimant to whom an amount is found due by a trier of fact on a notice of lien or a claim against a surety bond.
(Added to NRS by 2003, 2589)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22164 - "Prime contractor" defined.

"Prime contractor" means:
1. A person who contracts with an owner or a lessee of property to provide work, materials or equipment to be used for the improvement of the property or in the construction, alteration or repair of a work of improvement; or
2. A person who is an owner of the property, is licensed as a general contractor pursuant to chapter 624 of NRS and provides work, materials or equipment to be used for the improvement of the property or in the construction, alteration or repair of a work of improvement.
(Added to NRS by 2003, 2589; A 2005, 1898)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22172 - "Property" defined.

"Property" means the land, real property or mining claim of an owner for which a work of improvement was provided, including all buildings, improvements and fixtures thereon, and a convenient space on, around and about the same, or so much as may be required for the convenient use and occupation thereof.
(Added to NRS by 2003, 2589)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22176 - "Surety" defined.

"Surety" means a corporation authorized to transact surety business in this state pursuant to NRS 679A.030 that:
1. Is included in the United States Department of the Treasury’s Listing of Approved Sureties; and
2. Issues a surety bond pursuant to NRS 108.2413 to 108.2425, inclusive, that does not exceed the underwriting limitations established for that surety by the United States Department of the Treasury.
(Added to NRS by 2003, 2589)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.2218 - "Surety bond" defined.

"Surety bond" means a bond issued by a surety for the release of a prospective or existing lien pursuant to NRS 108.2413 to 108.2425, inclusive.
(Added to NRS by 2003, 2589; A 2005, 1898)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22184 - "Work" defined.

"Work" means the planning, design, geotechnical and environmental investigations, surveying, labor and services provided by a lien claimant for the construction, alteration or repair of any improvement, property or work of improvement whether the work is completed or partially completed.
(Added to NRS by 2003, 2589)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.22188 - "Work of improvement" defined.

"Work of improvement" means the entire structure or scheme of improvement as a whole, including, without limitation, all work, materials and equipment to be used in or for the construction, alteration or repair of the property or any improvement thereon, whether under multiple prime contracts or a single prime contract except as follows:
1. If a scheme of improvement consists of the construction of two or more separate buildings and each building is constructed upon a separate legal parcel of land and pursuant to a separate prime contract for only that building, then each building shall be deemed a separate work of improvement; and
2. If the improvement of the site is provided for in a prime contract that is separate from all prime contracts for the construction of one or more buildings on the property, and if the improvement of the site was contemplated by the contracts to be a separate work of improvement to be completed before the commencement of construction of the buildings, the improvement of the site shall be deemed a separate work of improvement from the construction of the buildings and the commencement of construction of the improvement of the site does not constitute the commencement of construction of the buildings. As used in this subsection, "improvement of the site" means the development or enhancement of the property, preparatory to the commencement of construction of a building, and includes:
(a) The demolition or removal of improvements, trees or other vegetation;
(b) The drilling of test holes;
(c) Grading, grubbing, filling or excavating;
(d) Constructing or installing sewers or other public utilities; or
(e) Constructing a vault, cellar or room under sidewalks or making improvements to the sidewalks in front of or adjoining the property.
(Added to NRS by 2003, 2590)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.222 - Lien on property, improvements and construction disbursement account; amount of lien; lien not available to unlicensed contractor or professional who must be licensed to perform work.

1. Except as otherwise provided in subsection 2, a lien claimant has a lien upon the property, any improvements for which the work, materials and equipment were furnished or to be furnished, and any construction disbursement account established pursuant to NRS 108.2403, for:
(a) If the parties agreed, by contract or otherwise, upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished or to be furnished by or through the lien claimant, the unpaid balance of the price agreed upon for such work, material or equipment, as the case may be, whether performed, furnished or to be performed or furnished at the instance of the owner or the owner’s agent; and
(b) If the parties did not agree, by contract or otherwise, upon a specific price or method for determining a specific price for some or all of the work, material and equipment furnished or to be furnished by or through the lien claimant, including, without limitation, any additional or changed work, material or equipment, an amount equal to the fair market value of such work, material or equipment, as the case may be, including a reasonable allowance for overhead and a profit, whether performed, furnished or to be performed or furnished at the instance of the owner or at the instance of the owner’s agent.
2. If a contractor or professional is required to be licensed pursuant to the provisions of NRS to perform the work, the contractor or professional will only have a lien pursuant to subsection 1 if the contractor or professional is licensed to perform the work.
(Added to NRS by 1965, 1159; A 1987, 98; 1993, 2055; 1997, 2691; 2003, 2595; 2005, 1898)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.225 - Priority of liens.

1. The liens provided for in NRS 108.221 to 108.246, inclusive, are preferred to:
(a) Any lien, mortgage or other encumbrance which may have attached to the property after the commencement of construction of a work of improvement.
(b) Any lien, mortgage or other encumbrance of which the lien claimant had no notice and which was unrecorded against the property at the commencement of construction of a work of improvement.
2. Every mortgage or encumbrance imposed upon, or conveyance made of, property affected by the liens provided for in NRS 108.221 to 108.246, inclusive, after the commencement of construction of a work of improvement are subordinate and subject to the liens provided for in NRS 108.221 to 108.246, inclusive, regardless of the date of recording the notices of liens.
(Added to NRS by 1965, 1160; A 1993, 2056; 1995, 1506; 2003, 2596)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.227 - Service of copy of notice of lien.

1. In addition to the requirements of NRS 108.226, a copy of the notice of lien must be served upon the owner of the property within 30 days after recording the notice of lien, in one of the following ways:
(a) By personally delivering a copy of the notice of lien to the owner or registered agent of the owner;
(b) By mailing a copy of the notice of lien by certified mail, return receipt requested, to the owner at the owner’s place of residence or the owner’s usual place of business or to the registered agent of the owner at the address of the registered agent; or
(c) If the place of residence or business of the owner and the address of the registered agent of the owner, if applicable, cannot be determined, by:
(1) Fixing a copy of the notice of lien in a conspicuous place on the property;
(2) Delivering a copy of the notice of lien to a person there residing, if such a person can be found; and
(3) Mailing a copy of the notice of lien addressed to the owner at:
(I) The place where the property is located;
(II) The address of the owner as identified in the deed;
(III) The address identified in the records of the office of the county assessor; or
(IV) The address identified in the records of the county recorder of the county in which the property is located.
2. If there is more than one owner, failure to serve a copy of the notice of lien upon a particular owner does not invalidate a notice of lien if properly served upon another owner.
3. Each subcontractor who participates in the construction, improvement, alteration or repair of a work of improvement shall deliver a copy of each notice of lien required by NRS 108.226 to the prime contractor. The failure of a subcontractor to deliver the notice to the prime contractor is a ground for disciplinary proceedings pursuant to chapter 624 of NRS.
(Added to NRS by 1965, 1161; A 1969, 1099; 1987, 99; 2003, 2599; 2007, 2716)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.228 - Notice of completion: Recording; contents; verification; delivery of copy to each prime contractor and potential lien claimant; effect of failure to deliver copy to prime contractor or lien claimant.

1. The owner may record a notice of completion after the completion of the work of improvement.
2. The notice of completion must be recorded in the office of the county recorder of the county where the property is located and must set forth:
(a) The date of completion of the work of improvement.
(b) The owner’s name or owners’ names, as the case may be, the address of the owner or addresses of the owners, as the case may be, and the nature of the title, if any, of the person signing the notice.
(c) A description of the property sufficient for identification.
(d) The name of the prime contractor or names of the prime contractors, if any.
3. The notice must be verified by the owner or by some other person on the owner’s behalf. The notice need not be acknowledged to be recorded.
4. Upon recording the notice pursuant to this section, the owner shall, within 10 days after the notice is recorded, deliver a copy of the notice by certified mail, to:
(a) Each prime contractor with whom the owner contracted for all or part of the work of improvement.
(b) Each potential lien claimant who, before the notice was recorded pursuant to this section, either submitted a request to the owner to receive the notice or delivered a preliminary notice of right to lien pursuant to NRS 108.245.
5. The failure of the owner to deliver a copy of the notice of completion in the time and manner provided in this section renders the notice of completion ineffective with respect to each prime contractor and lien claimant to whom a copy was required to be delivered pursuant to subsection 4.
(Added to NRS by 1965, 1161; A 1989, 900; 1993, 853; 1995, 1508; 2003, 2601)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.231 - Notice of lien against two or more separate buildings or mining claims: Designation of amount due on each; effect of failure to designate amount due on each.

1. In every case in which a notice of lien is recorded against two or more separate buildings or mining claims that are owned by the same person and that are located on separate legal parcels that existed at the commencement of construction, the lien claimant must, at the time of recording the notice of lien, designate the lienable amount due on each building or mining claim.
2. The lien of a lien claimant only applies to the lienable amount designated in the notice of lien, plus all amounts that may be awarded by the court pursuant to NRS 108.237, as against other creditors having liens by judgment or otherwise, upon the buildings or mining claims. However, the lienable amount chargeable to the interest of the owner in each building must be the total amount of the lien claimant’s notice of lien, without regard to the proportionate amount designated to each separate building in the lien claimant’s notice of lien, plus all amounts that may be awarded by the court pursuant to NRS 108.237, but upon the trial thereof, the court may, where it deems it equitable to do so, distribute the lien equitably as among the several buildings involved.
3. If a lien claimant fails to designate in the notice of lien the amount due on each separate building as provided in subsection 1, the lien claimant’s notice of lien must be postponed to the notices of lien of other lien claimants and other encumbrancers for value who have designated the amount due on each building or mining claim but must not be inferior to any rights or interests of the owner. For purposes of this subsection, a lien claimant’s lien must not be postponed to other liens or encumbrances if the lien claimant’s designation among the parcels was estimated by the lien claimant in good faith or was based upon a pro rata division of the total lienable amount.
(Added to NRS by 1965, 1163; A 2003, 2603)
2023 Nevada Revised Statutes › Chapter 108 - Statutory Liens › NRS 108.232 - Notice of lien to be recorded; fees of recorder.

The county recorder of the county in which property that is subject to a lien is located must record the notice of lien in a book kept by the county recorder for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which the county recorder may receive the same fees as are allowed by law for recording deeds and other instruments.
(Added to NRS by 1965, 1163; A 2003, 2604)