3275 South Jones Blvd., Suite 105
Las Vegas, NV 89146
The Nevada legislature was busy in 2011. So busy in fact, that a particular law was passed that slipped under the radar of many who deal in commercial real estate leasing. As many in the industry already know, the courts have always frowned upon Landlords taking matters into their own hands by "self-help" evicting Tenants who don't pay their rent. Instead, the law was written that when a Tenant is in arrears in rent, the Landlord must start the eviction process by first serving the Tenant an eviction notice giving the Tenant a specific amount of time to pay the rent or vacate the premises. Traditionally, this is a "Five Day Notice to Pay Rent or Quit," but the length of the notice really depends on whether the Tenant is a monthly or weekly rental.
A lis pendens is a notice filed on public records against certain real property to give constructive notice to any purchasers or encumbrancers that there is an ongoing court dispute involving the title to the real property or liens on the real property. It requires no decision or action by the court to file and merely entails filing the document with the court and recording it against the real property at the County Recorder’s Office.
If you currently have a pending legal case, whether civil, criminal, family or an administrative hearing, then a social networking website could become your best friend or your worst nightmare. Social media networking websites, including but not limited to, Facebook, MySpace, Twitter, LinkedIn, Plaxo, etc. allow individuals to post personal information on their profile and share this information with other users. There are millions of users on these websites and logging on has became a part of everyday life.
In the foreclosure industry, “robo-signing” is the practice of a bank employee signing thousands of documents and affidavits without verifying the information contained in those documents. It can mean that a qualified executive in the mortgage industry signs a mortgage affidavit document without verifying the information. It may mean someone forged a mortgage executive’s signature, or that a lower-level employee signs his name with a fake title. It may also mean the bank fails to comply with notary procedures. In all such cases, individuals execute documents swearing to their accuracy without bothering to verify any of the information those documents contain. In one reported case, one bank official signed off on approximately 10,000 documents in one month. In another instance, one bank official allegedly executed 3,500 foreclosure documents in a single day. Certainly, no human being is able to review and confirm the accuracy of information contained in 3,500 documents in a single day. Nevertheless, those robo-signed documents supplied the requisite authority to conduct foreclosure sales.
In my first blog I discussed how the foreclosure laws can affect us all. In this Blog I will delve into that issue in more depth. I will share how the procedures have changed and the additional steps that a Bank must take before it forecloses on your property.
Well, it’s the New Year and the somewhat controversial and really problematic new cell phone law has finally become fully operational. Gone are the days where you can take care of business on your cell phone while driving or being stuck in traffic. Public safety now outweighs the previous convenience of constant social and business communications.
Except for the unwary few whose luck ran out at the blackjack table, Las Vegas was once viewed as immune to the perils of economic misfortunes, let alone recession. A plethora of jobs and cheap housing made Las Vegas one of the fastest growing cities in the United States for much of the past 20 years. That has now all changed. Real estate prices have plummeted and the State's unemployment rate has skyrocketed. Rising foreclosures are expanding the supply of not only residential units on the market, but commercial projects as well, pushing prices down even further.
In litigation over a borrower’s default on a loan, whether it is brought by a borrower against a bank or brought by a bank against the borrower, the borrower’s troubles are just beginning in cases where the bank fails because the borrower then finds itself doing battle against a very powerful opponent, the Federal Deposit Insurance Corporation (FDIC). In litigating against the FDIC, the borrower quickly learns that the FDIC has a wide array of powers afforded it by the Financial Institution Reform, Recovery and Enforcement Act (FIRREA).
As a newlywed, I found myself thinking about whether or not my husband and I would need an estate plan immediately. Although we intend to have a family in the near future, we do not have any children at this time. In addition, although we have some assets, we are not as established as a couple in their 40's or 50's. We are both healthy so we do not foresee that either one of us will be sick or hospitalized. So, based on these factors, it would seem that we do not need an estate plan right now. However, nothing could be further from the truth.
An issue that is receiving increased attention amongst Homeowner Associations and residents is what I like to call the “Ombudsman Statute.” Under Nevada law, no civil action based upon a claim relating to “the interpretation, application or enforcement of any covenants, conditions or restrictions” (“CC&R’s”) may be commenced in court unless the matter has first been submitted to the mediation or arbitration program administered by the State of Nevada Real Estate Division (“the Ombudsman”).