Business Law

Ask a business lLawyer. Get business law questions answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

I'm looking to do a quiet title in Las Vegas.
, Yes,

Customer Question
Hi I'm Del....

Hi I'm Del. I'm looking for information to do a quiet title in Las Vegas.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Yes, I'm looking at a house that was purchased from an HOA foreclosure. The seller has the foreclosed deed in his name but I understand there can be some confusion regarding the bank holding the mortgage.

Submitted: 2 years ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 10 hours by:
1/24/2016
Business Lawyer: Christopher B, Esq., Attorney replied 2 years ago
Christopher B, Esq.
Category: Business Law
Satisfied Customers: 3,209
Experience: associate attorney
Verified

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

In Nevada, [a]n action may be brought by any person against another who claims an estate or interest in real property, adverse to him, for the purpose of determining such adverse claim.”
NRS § 40.010.

Such an action [of quiet title] requests a judicial determination of all adverse claims to disputed property. Clay v. Scheeline Banking & Trust Co., 40 Nev. 9, 159 P. 1081, 1082-83 (1916).
Del Webb Conservation Holding Corp. v. Tolman, 44 F.Supp.2d 1105, 1109-10 (D. Nev. 1999).

In a quiet title action, the burden of proof rests with the plaintiff to prove good title in himself. See, e.g., Ernie v. Trinity Lutheran Church, 51 Cal.2d 702, 336 P.2d 525 (1959); Olsen v. Park Daughters Investment Company, 29 Utah 2d 421, 511 P.2d 145, 146 (1973). Moreover, there is a presumption in favor of the record titleholder. Cf. Biasi v. Leavitt, 101 Nev. 86, 89-90, 692 P.2d 1301, 1304 (1985) .

Homeowners associations (HOAs) in Nevada have been foreclosing on their liens for delinquent assessments. In a number of situations, third parties have bought residential properties out of these HOA foreclosure sales for a small fraction of the properties' worth. These third-party purchasers then purport to own the property outright—free and clear of the lender's first mortgage. Subsequently, they file suit to quiet title to the property in their name, in an attempt to wipe out the mortgage and certain other liens on the property.

The purchasers rely on an ambiguity in Nevada’s HOA lien statutes that contradicts the mortgagee protection clause generally included in an HOA’s controlling documents. Success by a purchaser in such a quiet title action will result in the extinguishment of a lender’s mortgage. Even if the purchaser is unsuccessful, the quiet title action may still prevent the lender from foreclosing during the course of the litigation.

Before a recent uptick in quiet title lawsuits, lenders often disregarded HOA foreclosure sales as not affecting their first lien mortgages, relying on a customary—as opposed to a literal—reading of statutes. Most lenders’ interpretation of Nevada HOA lien law differs strikingly from the arguments being advanced by the current purchasers. In addition, lenders relied on “mortgagee protection” clauses included in an HOA’s controlling documents, which generally protect the rights of first lien mortgage holders in the event of an HOA foreclosure.

The federal and state district courts in Nevada are now considering this issue, with new cases being filed regularly and judges ruling on both sides. Until the Nevada Supreme Court clarifies the status of the law, it is unknown how each individual quiet title action will be decided by the courts. Here is a sample one I found online:

SUMMONS - CIVIL

DISTRICT COURT
CLARK COUNTY
NEVADA

Case [insert Case Number *****]
Dept. [insert Department letter here]]

[Insert your full name here (or full name of your company) ], Plaintiff
vs
[Insert the full name of the Defendant or Defendant's company here], Defendant.

SUMMONS - CIVIL

NOTICE! YOU HAVE BEEN SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND WITHIN 20 DAYS. READ THE INFORMATION BELOW.

TO THE DEFENDANT: A civil Complaint has been filed by the Plaintiff against you for the relief set forth in the Complaint.

This action is being brought forth to seek quiet title of real property.

1. If you intend to defend this lawsuit, within 20 days after this Summons is served on you, exclusive of the day of service, you must do the following:

(a) File with the Clerk of this Court, whose address is shown below, a formal written response to the Complaint in accordance with the rules of the Court, with appropriate filing fee.

(b) Serve a copy of your response upon the attorney/Plaintiff whose name and address is shown below.

2. Unless you respond, your default will be entered upon application of the Plaintiff and failure to so respond will result in a judgment by default against you for the relief demanded in the Complaint, which could result in the taking of money or property or other relief requested in the Complaint.

3. If you intend to seek the advice of an attorney in this matter, you should do so promptly so that your response may be filed on time.

4. The State of Nevada, its political subdivisions, agencies, officers, employees, board members, commission members and legislators, each have 45 days after service of this Summons within which to file an Answer or other responsive pleading to the Complaint.

Submitted by:
[Insert your full name here (or full name of your company) ]
[Insert your mailing address here]
[Insert your mailing city, state, zip here]

[Insert the Name of the Clerk of the Court here], Clerk of Court
By: [Insert the Name of the Deputy Clerk here], Deputy Clerk
Date: [Insert date here]
Clark County Courthouse
200 South Third Street
Las Vegas, NV 89155

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Ask Your Own Business Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a business lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq.
Christopher B, Esq., Attorney
Category: Business Law
Satisfied Customers: 3,209
3,209 Satisfied Customers
Experience: associate attorney

Christopher B, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

2,002 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

778 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

678 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

604 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I know a good investment trader who isn't licensed and
I know a good investment trader who isn't licensed and doesn't have much money. If we make him a 50% partner on our LLC, can he trade the LLC's money that we invest? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,467 satisfied customers
I'm currently investing in a project, after performing my
I'm currently investing in a project, after performing my due diligence, it has come back that one of the principles has 2 tax liens and a civil judgement. If I invest in this project, is it possible … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
962 satisfied customers
How can I describe in a contract the following investment ?:
How can I describe in a contract the following investment ?: the investor gives us money to rent , furnish and design and market apartments for short term rent. (We have already been doing that succes… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
962 satisfied customers
I'm founding a startup that will need investment soon, Is it
I'm founding a startup that will need investment soon, Is it recommended to incorporate it in my home state (NC) or in any other state (e.g. Delaware)?… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,818 satisfied customers
I have been asked by the administrators of an investment I'm
I have been asked by the administrators of an investment I'm interested in to prove my percentage ownership in my S-corporation. I have my tax returns, K-1 forms, but would prefer not to distribute th… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I signed an agreement of investment ownership using "doing
I signed an agreement of investment ownership using "doing business as/dba" my name "dba" is my LLC. The LLC has 3 members and I am the managing officer of this LLC. I have filed a case in Washington … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
962 satisfied customers
I'm investing as a one of a small group of private lenders
I'm investing as a one of a small group of private lenders put together by this private money service. The loan amount borrower asks is 70% LTAV interest is 11.5% for 24 months. It has a description o… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,765 satisfied customers
A person starts a business but no business is conducted as
A person starts a business but no business is conducted as far as the registered business plan states. Personal money is deposited to start a business account and perodically deposited so the business… read more
Anne
Anne
Master Tax Preparer
1,328 satisfied customers
My two partners and I have Delaware LLC that is invested in
Hi, my two partners and I have Delaware LLC that is invested in a Nevada LLC, and we just found out we have to pay CA FTB taxes of $800/year because we are all based in CA. I would like to dissolve th… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,765 satisfied customers
I have a recording I made of an investment and it has not
quot;I have a recording I made of an investment and it has not been realized. Basically I was to invest $5000.00 with this person and he stated on the recording that he would return my investment mone… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a business owner has two businesses: business A and
If a business owner has two businesses: business A and business B. He is trying to take some profit from A to: ***** ***** B as well as paying some personal purchase. What this business owner should d… read more
Lori
Lori
Juris Doctor
1,574 satisfied customers
My fiance and i are investing in a franchise that requires
my fiance and i are investing in a franchise that requires us to apply for a beer and wine license. She has a clean background. I have to felony convictions from 18 years ago. if we both own the resta… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
962 satisfied customers
I am thinking of investing in rental properties. Based on
Second opinion] I am thinking of investing in rental properties. Based on research I understand that holding the property under an LLC and having decent liability coverage can give protection. Is that… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,165 satisfied customers
I will be investing to a company. I will buy newly issued
I will be investing to a company. I will buy newly issued shares and the company will use the money I invest to increase its equity. After 1 year, I want to have an option to sell my shares with some … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,165 satisfied customers
Can this investment template be used for common stock
Can this investment template be used for common stock purchases and altered to a 'company' investment instead of an individual? (company investing in company)… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,002 satisfied customers
Can this investment template be used for common stock
Can this investment template be used for common stock purchases and altered to a 'company' investment instead of an individual? (company investing in company)… read more
Ray
Ray
Lawyer
Doctoral Degree
33,008 satisfied customers
My son invested money in a small business that he also works
Hi, my son invested money in a small business that he also works for and is leaving the company. The owner has agreed to repay the investment plus interest. We feel there needs to be a legal document … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an investment contract with a local business. I was
I have an investment contract with a local business. I was suppose to get 30% of profits monthly. They have defaulted on the agreement. What can I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,223 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x