1. The commencement of or participation in a judicial proceeding in violation of NRS 40.430 does not forfeit any of the rights of a secured creditor in any real or personal collateral, or impair the ability of the creditor to realize upon any real or personal collateral, if the judicial proceeding is:
(a) Stayed or dismissed before entry of a final judgment; or
(b) Converted into an action which does not violate NRS 40.430.
2. If the provisions of NRS 40.430 are timely interposed as an affirmative defense in such a judicial proceeding, upon the motion of any party to the proceeding the court shall:
(a) Dismiss the proceeding without prejudice; or
(b) Grant a continuance and order the amendment of the pleadings to convert the proceeding into an action which does not violate NRS 40.430.
3. The failure to interpose, before the entry of a final judgment, the provisions of NRS 40.430 as an affirmative defense in such a proceeding waives the defense in that proceeding. Such a failure does not affect the validity of the final judgment, but entry of the final judgment releases and discharges the mortgage or other lien.
4. As used in this section, "final judgment" means a judgment which imposes personal liability on the debtor for the payment of money and which may be appealed under the Nevada Rules of Appellate Procedure.
(Added to NRS by 1989, 1767)
Structure Nevada Revised Statutes
Chapter 40 - Actions and Proceedings in Particular Cases Concerning Property
NRS 40.002 - "Federal worker" defined.
NRS 40.0025 - "Household member" defined.
NRS 40.003 - "Qualified Indian tribe" defined.
NRS 40.0035 - "Shutdown" defined.
NRS 40.004 - "State worker" defined.
NRS 40.0045 - "Tribal worker" defined.
NRS 40.005 - Zoning requirements to be considered by court.
NRS 40.010 - Actions may be brought against adverse claimants.
NRS 40.020 - Plaintiff not entitled to costs on default judgment or disclaimer.
NRS 40.040 - Value of permanent improvements to be allowed as setoff.
NRS 40.050 - Mortgage not deemed conveyance.
NRS 40.060 - Court may enjoin injury to property during foreclosure.
NRS 40.070 - Damages may be recovered for injury to possession after sale and before delivery.
NRS 40.080 - Action not to be prejudiced by alienation pending suit.
NRS 40.110 - Court to hear case; must not enter judgment by default; effect of final judgment.
NRS 40.120 - Remedy is cumulative.
NRS 40.130 - Adverse action on mining claim.
NRS 40.140 - Nuisance defined; action for abatement and damages; exceptions.
NRS 40.150 - Action for waste; judgment may be for treble damages.
NRS 40.160 - Action for trespass for cutting or carrying away trees or wood; treble damages.
NRS 40.180 - Manner of working mine or mining claim; assessment of damages.
NRS 40.190 - Continuation of judgment lien.
NRS 40.220 - Entry to be made only when legal and in peaceable manner.
NRS 40.250 - Unlawful detainer: Possession after expiration of term.
NRS 40.2512 - Unlawful detainer: Possession after default in payment of rent; exception.
NRS 40.260 - Tenant of agricultural lands may hold over if not notified.
NRS 40.270 - Tenant has similar remedies against subtenant.
NRS 40.290 - Parties defendant; persons bound by judgment.
NRS 40.310 - Issue of fact to be tried by jury if proper demand made.
NRS 40.320 - Proof required of plaintiff and defendant on trial.
NRS 40.330 - Amendment of complaint to conform to proof; continuance.
NRS 40.350 - Trial not to be adjourned when plaintiff admits evidence in affidavit would be given.
NRS 40.360 - Judgment; damages; execution and enforcement.
NRS 40.370 - Verification of complaint and answer.
NRS 40.380 - Provisions governing appeals.
NRS 40.390 - Appellate court not to dismiss or quash proceedings for want of form.
NRS 40.400 - Rules of practice.
NRS 40.420 - Form of writ of restitution; execution.
NRS 40.425 - Notice of execution on writ of restitution.
NRS 40.427 - "Foreclosure sale" defined.
NRS 40.428 - Mortgage or other lien" defined.
NRS 40.429 - Sale in lieu of a foreclosure sale" defined.
NRS 40.439 - Limitations on foreclosure sales involving certain members of military or dependents.
NRS 40.4395 - Limitations on foreclosure sales involving shutdown.
NRS 40.440 - Disposition of proceeds of foreclosure sale.
NRS 40.450 - Proceedings when debt secured falls due at different times.
NRS 40.451 - "Indebtedness" defined.
NRS 40.457 - Hearing before award of deficiency judgment; appraisal of property sold.
NRS 40.459 - Limitations on amount of money judgment.
NRS 40.462 - Distribution of proceeds of foreclosure sale.
NRS 40.4636 - Limitations on amount of money judgment.
NRS 40.4638 - Circumstances under which action to enforce obligation is prohibited.
NRS 40.4639 - Period of limitation on commencement of civil action.
NRS 40.465 - "Indebtedness" defined.
NRS 40.485 - Interest in proceeds of secured indebtedness upon partial satisfaction of indebtedness.
NRS 40.502 - "Environmental provision" defined.
NRS 40.503 - "Environmentally impaired" defined.
NRS 40.504 - "Hazardous substance" defined.
NRS 40.505 - "Release" defined.
NRS 40.506 - "Secured lender" defined.
NRS 40.507 - Right of entry and inspection of real collateral.
NRS 40.508 - Action by secured lender concerning environmental provision.
NRS 40.511 - Exceptions to applicability of NRS 40.507 and 40.508.
NRS 40.515 - Petition, notice, hearing and order; alternative method of terminating interest.
NRS 40.525 - Petition; notice; hearing and order; alternative method.
NRS 40.535 - Affidavit or petition may be filed in probate proceeding.
NRS 40.603 - "Amend a complaint to add a cause of action for a constructional defect" defined.
NRS 40.605 - "Appurtenance" defined.
NRS 40.607 - "Builder’s warranty" defined.
NRS 40.610 - "Claimant" defined.
NRS 40.615 - "Constructional defect" defined.
NRS 40.620 - "Contractor" defined.
NRS 40.623 - "Design professional" defined.
NRS 40.630 - "Residence" defined.
NRS 40.632 - "Subcontractor" defined.
NRS 40.634 - "Supplier" defined.
NRS 40.635 - Applicability; effect on other defenses.
NRS 40.640 - Liability of contractor.
NRS 40.649 - Notice of defect may be presented to insurer; duties of insurer.
NRS 40.652 - Offer of judgment.
NRS 40.655 - Limitation on recovery.
NRS 40.660 - Nonacceptance of offer of settlement deemed rejection.
NRS 40.665 - Settlement by repurchase; certain offers of settlement deemed reasonable.
NRS 40.675 - Inspection of repairs.
NRS 40.681 - Premediation discovery.
NRS 40.684 - Duties of insurer with respect to settlement conference.
NRS 40.6882 - Complainant" defined.
NRS 40.6885 - Effect of compliance with or failure to comply with NRS 40.6884.
NRS 40.692 - Notice not required to be given to intervener in action.
NRS 40.695 - Tolling of statutes of limitation or repose; applicability.