40.435 - Judicial proceedings in violation of NRS 40.430 - Nevada Statutes

40.435  Judicial proceedings in violation of NRS 40.430; provisions of NRS 40.430 as an affirmative defense.

      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)