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A Nevada deed of trust loan was foreclosed through a trustee's sale. The property sold for $350,000, but the borrower owed $400,000 on the loan. The lender wants to pursue the borrower for the $50,000 deficiency. Under Nevada law, what must the lender do to pursue this deficiency?

Correct Answer

B) The lender must file a separate lawsuit and obtain a deficiency judgment in court within the applicable statutory period

Under Nevada law, a deficiency judgment is not automatic after a trustee's sale. If the sale proceeds are insufficient to cover the outstanding loan balance, the lender must file a separate lawsuit in court and obtain a deficiency judgment within the applicable statutory time period (generally within six months after the trustee's sale under NRS 40.455). The court may also limit the deficiency to the difference between the debt and the fair market value of the property at the time of the sale.

Answer Options
A
The lender may automatically collect the $50,000 deficiency without any additional legal action because the deed of trust authorizes it
B
The lender must file a separate lawsuit and obtain a deficiency judgment in court within the applicable statutory period
C
The lender must re-record the Notice of Default to initiate a new foreclosure action for the deficiency amount
D
The lender must first offer the borrower a loan modification before pursuing any deficiency claim after a trustee's sale

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Related Topics & Key Terms

Key Terms:

deficiency_judgmenttrustee_salenrs_40post_foreclosurelender_rights
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