Deficiency Judgment - State of Nevada
The applicable Nevada statute expressly permits deficiency judgments, whether under a trustee’s power of sale or under judicial foreclosure. Before a deficiency judgment can be decreed, the beneficiary of the deed of trust or the judgment creditor must make an application for a hearing. The application must be made within six months of the foreclosure sale.
Upon application of either party not less than 10 days prior to the hearing or upon its own motion, the court may appoint an appraiser to appraise the property as of the date of the sale. The court hears evidence as to the value of the property and after the hearing may enter a judgment against the defendants personally liable for the debt. The judgment may be in the amount of the indebtedness that exceeded the fair market value of the property as of the date of sale with interest from that date. The judgment may not exceed the amount by which the indebtedness exceeded the purchase price of the secured property. After entry of the judgment, the creditor may pursue the deficiency by exercising all available collection remedies.
