Las Vegas Development Group, LLC

The time limitations set forth in Nev. Rev. Stat. 107.080(5)-(6) do not apply to an action challenging a Nev. Rev. Stat. chapter 107 nonjudicial foreclosure where it is alleged that the deed of trust had been extinguished before the sale because such an action challenges the authority to conduct the sale, rather than the manner in which the foreclosure was conducted.Defendant moved for summary judgment, arguing that Plaintiff’s claims were barred by the statute of limitations in section 107.080(5)-(6) because Plaintiff failed to file its complaint within ninety or 120 days of the deed-of-trust foreclosure sale. The district court granted the motion for summary judgment. The Supreme Court reversed, holding (1) section 107.080(5) only applies to actions challenging the procedural aspects of a nonjudicial deed-of-trust foreclosure sale; and (2) Plaintiff’s action for quiet title in this case was appropriately governed by Nev. Rev. Stat. 11.080, which provides for a five-year statute of limitations. View "Las Vegas Development Group, LLC" on Justia Law